INDEX.—1 BLAND. 663

PLEADING.—Continued.

defendants to pay the purchase money for certain land, it should
be sold. Lingan v. Henderson, 221.

24. When a case is set down for final hearing on bill and answer, without
replication, all the facts set forth in the answer are taken to be true.
Estep v. Watkins, 459.

25. The case, as set forth in the bill, must, at the final hearing, appear to
be such an one as falls within the jurisdiction of a Court of Chan-
cery. Ib,

20. A defendant may, at the same time, plead several distinct pleas in
bar, in equity as well as at law. Moreton v. Harrison, 463.

27. If a defendant pleads the Statute of Limitations, and there be any
allegations in the bill of partial payments, &c.; which, if true, would
take the case out of the statute, the defendant must, by an answer
in support of his plea, deny such allegations. Ib.

28. A plea may, without replication, be set down to obtain the judgment
of the Court as to its formality and sufficiency. Ib.

29. An answer held, on exceptions, to be insufficient, is as no answer.
Mayer v. Tyson. 524.

30. If a defendant does not. after exceptions, put in a sufficient answer,
as ordered, the bill may be taken pro confesio and a final decree
passed; or the case may be prosecuted, as against the other defend-
ants, to a final decree. Ib.
See CONTRACT, 7.

DEBTOR AND CREDITOR. 9.
NON COMPOS MENTIS, 1.
PRACTICE, 5.

PEACTICE.

1. When a bill may be taken pro confesso. Burch v. Scott, 103.

2. To obtain an order upon a defendant to bring money into Court,
before the final bearing, it must appear, that he who asks for such
an order has an interest in the money proposed to be called in; and
that he who has it in his hands has no equitable right to it; and the
facts from which this appears must be found in the case as it then
stands, either admitted or so established as to be open to no further
controversy at any subsequent stage of the proceedings. McKim v.
Thompson. 140.

3. A defendant cannot be allowed to put in a supplemental answer,
except under very special circumstances. Ib.

A. The defendant must move to put in a supplemental answer, and ac-
company the motion with an affidavit, in which he must swear that
when he put in the answer, he did not know the circumstances
upon which he applies, or any other circumstances upon which, he
ought to have stated the fact otherwise, or that when he swore to
his original answer, he meant to swear in the sense in which he now
desires to be at liberty to swear. Ib.

5. A supplemental answer is only intended to correct the allegations of
the original answer, or to remove from it dangerous admissions, so
as to let in proof in the hearing of the real merits of the case. Ib.

6. Where testimony is proposed to be taken, in support of a claim, notice
of the taking of it must be so given as that it may be presumed to