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that he was advised that the said trust would be attended with some
difficulty, besides expense and loss of time to this defendant, there-
fore this defendant absolutely refused to intermeddle therewith, or
any way concern himself therein. And this defendant denies that
he or any for him ever entered on the said trust estate, or ever re-
ceived any of the rents and profits thereof, but this defendant hath
been informed and believes the same were received by
, in the said county of

of the city of
tleman, who was employed by the said testator

life time to receive the rents and profits of the said

for the said

said

, gen, in his

's estate

, and this defendant doth believe that the hath received the said rents and profits of the said

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trust estate ever since the death of the said testator, and still doth continue to receive the same; and this defendant positively denies that the said had any power, authority or direction, from this defendant to receive all or any part of the rents and profits of the said trust estate, or that he ever accounted with this defendant for the same; and this defendant is very desirous and ready to be discharged from his said trust, and to do any act for that purpose as this honorable court shall direct, this defendant being indemnified in so doing, and having his costs. And this defendant further saith that as to so much of the said bill as seeks a discovery of this defendant's title to the lands in this defendant saith, that he doth not know that be, this defendant, to his knowledge or belief ever had, nor did he claim, or pretend to have, nor doth he now claim or pretend to have any right, title or interest of, in or to the said estate in , in the said complainant's bill set forth, or any part thereof; and this defendant doth disclaim all right, title and interest to the estate in , in the complainant's said bill mentioned, and every part thereof. And this defendant doth deny all manner of unlawful combination and confederacy unjustly charged against him, in and by the said complainants' said bill of complaint; without, that any other matter or thing in the said complainants' said bill of complaint contained, material or necessary for this defendant to make answer unto, and not herein or hereby well and sufficiently answered unto, confessed or avoided, traversed or denied, is true; all which matters and things this defendant is ready to aver, maintain and prove, as this honorable court shall award; and humbly prays to be hence dismissed with his reasonable costs and charges in this bebalf most wrongfully sustained.

PLEAS.

Plea of another bill pending.

Plea of C. D. gentleman, one of the defendants to the bill of complaint of A. B. complainant.

THE said defendant, by protestation, not confessing or acknowledging all or any of the matters and things in the complainant's said bill of complaint contained, to be true, in such manner and form as the same are therein declared and set forth, for plea thereunto saith, that heretofore, and before the said complainant exhibited his bill in this honorable court, to wit, on the was in the year of our Lord

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day of

which the said now complainant, in the said bill named, did

exhibit their bill of complaint unto this honorable court against this defendant, and also against for the same matters, and to

the same effect, and for the like relief and purpose as against this defendant, as the now complainant doth by his present bill set forth; to which said first bill this defendant did put in his answer, and the then complainant thereunto replied, and the said former bill is still depending in this honorable court, and the said cause is yet undetermined; and therefore this defendant doth plead the said former bill, answer and proceedings, in bar to the said now complainant's said present bill; and humbly prays the judgment of this court, whether he shall be compelled to make any further or other answer thereunto; and prays to be hence dismissed with his costs and charges in this behalf sustained.

A plea of the statute of limitations in bar of an account.

The plea of C. D. defendant, to the bill of complaint of A. B. complainant.

The defendant, by protestation, not confessing or acknowledging all or any of the matters and things in the complainant's said bill of complaint contained, to be true, in such manner and form as the same are therein and thereby charged and alleged, for plea unto the said. bill saith, That if the complainant, either in his own right or as executor of in the bill named, `ever had any cause of suit against him this defendant, for or concerning any the matters, trans

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actions or dealings in the said bill of complaint mentioned, (which this defendant doth in no sort admit,) the same did accrue or arise above six years before the filing the complainant's said bill, and above six years before serving this defendant with a writ or other process to appear to and answer the same: And this defendant further for plea saith, and doth aver, that he did not at any time within six years before filing the complainant's said bill of complaint, nor within six years before this defendant was served with process to appear and answer thereto, ever promise or agree to come to any account for, or to pay, or any ways satisfy the said complainant, any money, for or concerning any the matters, transactions, or dealings in the complainant's said bill of complaint charged or alleged; and therefore this defendant doth plead the statute of limitations, passed on the day of in the year and prays the benefit of said statute for limitation of actions: All which matters this defendant doth aver and plead in bar of the complainant's said bill, and of the complainant's pretended demands, for which he seeks to be relieved by his said bill; and this defendant prays to be hence dismissed, with his reasonable costs in this behalf wrongfully sustained.

Sworn, &c.

A plea exhibited by a Feme Covert, in her own name.

The plea of C. D. defendant, to the bill of complaint of A. B. complainant.

The said defendant, not confessing all or any of the matters and things in the complainant's said bill of complaint contained to be true, in such manner and form as they are therein and thereby set forth, for plea thereunto this defendant saith, that the plaintiff at and before the exhibiting her said bill of complaint, was married to one

who is yet living, which this defendant doth aver and will prove, if there be occasion; and therefore this defendant doth plead the same in abatement of the complainant's said bill of complaint, and humbly prays the judgment of this honorable court, whether he shall make any answer thereto; and humbly prays to be hence dismissed, with his costs and charges in this behalf sustained.

A plea of the statute of limitations in bar of an account.

This defendant, by protestation, not confessing or acknowledging all, or any, of the matters and things in the complainant's said bill of complaint contained, to be true, in such manner and form as the same are therein alleged and set forth, as to so much of the said bill as seeks an account and discovery of the estate or effects of deceased, this defendant's testator, or that seeks satisfaction for or on account of the complainant; or that seeks a discovery how many pipes of wine, or any other commodities, intended to be conveyed to the said or that seeks a satisfaction for the same,

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that seeks a discovery or satisfaction for any of the moneys, goods or effects of the said come to the hands of this defendant

since the decease of the said thereto, and for plea saith, that

this defendant pleads

, in the bill named,

under whom the complainant pretends to claim, departed this life in

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that the moneys, pretended to be received by the said

or by this defendant, and the goods and commodities pretended to be conveyed, if any sums of money, goods or effects, were received by the said or by this defendant, (which this defendant

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doth not in any part admit) that all and every such sums of money, goods and effects were received by the said or by this defendant, above six years before this defendant was served with any process of this court to answer the said bill, or any process was served out against this defendant to call this defendant to an account for the same; and that if the complainant had had any cause of action or suit against this defendant, or against the said for or con

cerning any of the said matters, (which this defendant doth not admit,) that such cause of action or suit did accrue or arise above six years before filing of the said bill, or serving this defendant with process to appear to and answer the said bill; nor did this defendant, or his said testator, at any time within six years before exhibiting the said bill, or suing out process against this defendant, promise or agree to come to any account, or to make satisfaction, or to pay any sum or sums of money for or by reason of any of the said matters; and therefore this defendant doth plead the statute passed the

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actions, and avoiding of suits at law; and prays the benefit of the said act, and pleads the same in bar of so much of the complainant's said demands in his said bill set forth and mentionod; and prays the judgment of this honorable court thereon. And this defendant not waiving his said plea, but wholly relying and insisting thereon, for answer to the residue of the said complainant's said bill, or to so much thereof as he this defendant is advised is material or necessary for him to make answer unto, he this defendant answereth and saith, &c.

A plea of outlawry.

The plea of A. B. defendant, to the bill of complaint of C. D. complainant.

The said defendant by protestation, not confessing or acknowledging all or any of the matters or things in the complainant's said bill of complaint contained, to be true, in such manner and form as the same are therein and thereby set forth, alleged and declared, for plea thereunto saith, that the said complainant now is, and standeth a person outlawed, and is thereby disabled by the laws of this state, to sue or commence any action or actions, suit or suits, in this honorable court or in any other court, until the said outlawry be reversed by due course of law; for this defendant saith, that on the

in the year

day of

, the said complainant, by the same C. D. was outlawed in an action of trespass at the suit of , as by the said outlawry, sub pede sigilli hereunto annexed, may appear; which said outlawry doth yet stand and remain in full force and unreversed; and this defendant doth aver, that the said C. D. the complainant named in the said bill of complaint, and the said C. D. named in the said writ of capias utlagatum hereunto annexed, is one and the same person, and not divers and several; and therefore this defendant doth humbly demand the judgment of this honorable court, whether or no he shall be compelled to make any other or further answer to the complainant's said bill of complaint, until the said complainant shall have reversed the said outlawry, and thereby become a person of ability, and capable to exhibit a bill of complaint against this defendant; and in the mean time prays to be dismissed with his reasonable costs in this behalf wrongfully sustained Sworn, &c.

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