662 INDEX.—1 BLAND.

PLEADING.—Continued.

11. If the plaintiff, after filing his bill, discover that one of the defend-
ants is not a non-resident as alleged therein, he may amend his
bill so as to pray process of subpoena against him. Ib.

12. In a suit concerning lands, if the Statute of Frauds be not specially
relied on, or the whole contract be not expressly denied in plead-
ing, the defendant is held to have waived the statute and cannot
be permitted to take advantage of ic afterwards, or at the final hear-
ing. Ib,

13. The plaintiff can only obtain relief upon the strength of his own
title as it existed at the time of instituting his suit, and not on the
weakness of the title of his adversary, or the imbecility of his de-
fence. Ib.

14. In general, if the facts stated in the bill are not in substance suffi-
cient to entitle the complainant to the relief prayed, he cannot re-
sort to the answer of the defendant, the proof taken in the case, or
any extraneous matter to supply the defect. Ib.

15. After the plaintiff has set forth the facts showing his case to be
properly within the cognizance of equity, he may proceed to specify
the kind of relief to which he thinks himself entitled. Ib.

16. If he specifies the relief for which he asks, and prays for none other,
either generally or specially, and the nature of his case ia such that
he cannot obtain relief of that kind, then he cannot be relieved at
all, unless he amends the prayer of his bill. Ib.

17. But if the bill prays generally for such relief as is suited to the nature
of the case, then, under such general prayer, the Court may, regard-
less of, or without any, special prayer, grant any relief which may
be allowed by law in conformity with the nature of the case. Ib.

18. The plaintiff may present his case in the alternative; provided the
alternatives are hoth of them such as are cognizable by a Court of
equity; and are not so framed as to allow the plaintiff to elude any
rule of Court. Ib.

19. If it appear upon the face of the bill that the case is not one properly
within the cognizance of a Court of equity, the defendant should
demur; yet if he fails to do so. the Court can grant no relief, but
must order the bill to be dismissed. Ib.

20. There is a variety of cases at common law as well as in equity, in
which a plaintiff may obtain relief agaiust some one or more of the
defendants, although he may totally fail against all the others; but
where one of two or more defendants makes a defence which so
effectually goes to the whole as to ghow, that the plaintiff had no
cauae of suit, nor any foundation for a legal complaint, he caa have
no relief even against the defendant as to whom the bill had been
taken pro confesso. Ib.

31. More precision is required ia a plea than in a bill. Ib.

22. A plea of the Act of Limitations of three years is not applicable to an
equitable lien, which can only be barred by a lapse of twenty years.
Ib.

23. Where it was held, that the plaintiffs had established their claim, that
the matters pleaded in avoidance by one of the defendants were not
proved; that the Statute of Limitations of three years pleaded by
another defendant was not applicable; and that, upon failure of the