MORETON v. HARRISON, 495

These pleas, in the first place, aver, that the cause of action
arose above twelve years before the institution of the suit; and then

any person upon any contract of lands, tenements or hereditaments, or any interest
in or concerning them, unless the agreement, upon which such action shall be brought,
or some memorandum or note thereof, shall be in writing and signed by the party to
be charged therewith or some other person thereunto by him lawfully authorized; as
by the said act may appear; and this defendant avers, that neither the said Thomas
Davis, nor any person by him lawfully authorized, did ever make or sign any contract
or agreement in writing for the sale or conveyance of the said tract of land called
Davis's Purchase, or any part thereof, to the said Stephen Steward to any such effect,
as by the said bill is suggested, or any memorandum or note in writing of any agree-
ment whatsoever for or concerning the said premises, or any part thereof; other than
or different from the said deed, alleged in the said bill to have been made by the said
Thomas Davis to the said Stephen Steward; and this defendant also avers, that
neither he, the said defendant, nor any person by him lawfully authorized, did ever
make or sign any contract or agreement in writing with the said Stephen Steward
respecting the said tract of land called Davis's Purchase, or any part thereof, or any
memorandum or note in writing of any agreement whatever, for or concerning the
said premises, or any part or parcel thereof; and, therefore, this defendant doth plead
the said act of parliament, and the matters aforesaid in bar to so much of the said bill
as seeks to compel the defendant to execute any deed or conveyance to the complain-
ant of the aforesaid premises, or of any of them, or of any part or parcel thereof
pursuant to the said pretended agreements or either of them; and as to any relief
thereby prayed touching the said agreements or either of them; and humbly prays
the judgment of this Honourable Court whether he shall be compelled to make any
further or other answer to so much and such parts of the said bill as are herein before
and hereby pleaded unto as aforesaid.

And this defendant for further plea unto the said bill saith, that if the complainant,
or any of those from under whom he claims, ever had any cause of suit for or con-
cerning any of the matters, transactions, or things in the said bill of complaint
mentioned, (which this defendant doth in no sort admit,) the same did accrue or arise
above twenty years before the filing the complainant's bill of complaint; and above
twenty years before the serving this defendant with any process to appear to and
answer the same, during all which time the said Stephen Steward, and all those
claiming under him have constantly acquiesced under the said deed or conveyance
alleged to have been made to him by the said Thomas Davis; that is to say, from
the time of making the same until the time of filing the complainant's said bill;
wherefore this defendant doth plead the act of parliament or statute of limitations
made in the twenty-first year of king James the first; and also the length of time and
acquiescence, and prays the benefit of the same; 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 the said bill.

And this defendant further saith, that he is advised by his counsel, that there is
good cause of demurrer to the said bill, and that there is no matter or thing in the
said bill contained good and sufficient in law to call this defendant in question in this
honorable court for the same; but that there is good cause of demurrer thereto: and
for cause of demurrer, this defendant saith, that, by the complainant's own shewing,
the said bill, (in case the allegations therein contained were true, which this defend-
ant does in no sort admit,) contains not any matter of equity whereon this court can
ground any decree or give the complainant any relief or assistance as against this
defendant: wherefore and for divers other errors and imperfections in the said bill