126 COALE v. CHASE.—1 BLAND.

From this decree the defendant appealed, and on the 22nd July,
1829, it was affirmed by the Court of Appeals.

COALE r. CHASE.
EQUITY PLEADING. — FORM OF AFFIDAVIT,

The allegations in the body of an answer, or plea, should be positive, other-
wise the issue would be joined on a mere statement of the belief of the
parties, not upon their allegations of fact.

Yet to obtain a dissolution of an injunction, it is sufficient that an executor
or administrator, in stating facts, which from the nature of the case.
could only have been personally known to his testator, or intestate.
should say, that they are "as he IB informed and verily believes." so and

so. (a)

It is sufficient if the affidavit be so absolute and positive, when taken in con-
nexion with the body of the answer, as to subject the party to a prose-
cution for perjury; if the matters stated should be false. (b)

This bill was filed in Harford County Court on the 13th of Octo-
ber, 1826, by Skipwith H. Coale and Eliza Matilda Coale, against
Hannah Kitty Chase, in which it is alleged, that the plaintiff,
Skipwith, had given his bond to the defendant, Hannah, for the
payment of the sum of five hundred dollars, upon certain trusts
and conditions, in favor of her daughter the plaintiff, Eliza; but
that the defendant, Hannah, regardless of this their special agree-
ment, had brought suit against the plaintiff, Skipwith, upon the
bond, and obtained judgment. Whereupon the plaintiffs prayed
an injunction to stay execution, and for relief according to the
nature of their case. An injunction was granted as prayed. The
defendant filed her answer, and obtained an order under the Act
of 1829, eh. 196, to remove the case to this Court, and the proceed-
ings were accordingly filed here on the 25th of November, 1826;
after which the defendant gave notice of her motion to dissolve
the injunction, and the case was brought before the Court.

BLAND, C., 3d January, 1827. — This case standing ready for
hearing on the motion to dissolve the injunction, the solicitors
of the parties were heard, and the proceedings read and consid-
ered.

*The allegations in the body of an answer or plea should
137 be positive, otherwise the issue would be joined on a mere

(a) Approved in Carpenter v. Providence Ins. Co. 4 Howard, 218.

(b) ApproTed in Triebert v. Burgess, 11 Md. 459, where it was held that an
affidavit to a bill for an injunction "that the facts stated in the bill are true
to the best of his, (complainant's) knowledge and belief," is sufficient.