ART. 64. ] PROCEEDINGS IN ACTIONS AT LAW.
Pleas in Action on Simple Contract.

605

41st. That he never was indebted as alleged, or that he never

Never Indebted

promised as alleged.
The following forms, with the commencement aforesaid, shall be
sufficient in actions on deeds or other contracts:

Never promised.
17 Md 187,
18 Md 148

42d. That the alleged deed is not his deed.

Non est factum.

43d That at the time of the making of the alleged deed, the de-
fendant was and still is within twenty-one \eais of age

Infancy

44th. That at the time of the making of the alleged deed, the de-
fendant was and still is the wife of one W T.

Coverture

45th. That the defendant was unlawfully imprisoned by the plain-
tiff, and others in collusion with him, until, by duress of imprison-
ment, he made the alleged deed.

Duress

46th That the alleged deed was procured by the fraud of the
plaintiff.

Fraud

47th. That the plaintiff threatened the life of the defendant, un-
less he would make the alleged deed; and that from fear of the
threats he made the same.

Duress per
minus.

48th That after the sealing and delivery of the alleged deed, it
was without the consent of the defendant altered, and the words
(insert them) were inserted and substituted therein, for the words
(insert them)

Alteration

49th That the defendant delivered the alleged deed to one A. F.
as an escrow, on condition that (state the condition), then the said
A. F. should deliver the alleged deed to the plaintiff as the deed of
the defendant; and the plaintiff has not performed the condition.

Escrow

50th. That the alleged cause of action did not accrue within
———— years (state the period of limitation applicable to the case)
before this suit.

Limitations.

51st. That before this action, he satisfied and discharged the
plaintiff's claim by payment.

Payment

5'2d. That the plaintiff is indebted to the defendant in an amount
equal to the plaintiff's claim, for (insert the cause of set-off as in a
declaration), which amount the defendant is willing to set-off against
the plaintiffs claim.

Set-off

5dd. That alter the alleged claims accrued, and before suit, the
plaintiff, by deed, released the defendant therefrom.

Release

54th. That at the Circuit Court for ———— county, ———— term,
the plaintiff recovered judgment against the defendant for the sum
of ———— dollars and ———— cents, and ———— dollars for costs;
and that said judgment was rendered on the same cause of action
mentioned in the plaintiff's declaration, and is still a subsisting
judgment.

Former recov-
ery

55th. That he was discharged as an insolvent debtor by the Cir-
cuit Court for ———— county (or Court of Common Pleas for the
City of Baltimore), on the ———— day of ————, and that the alleged
claim accrued before the filing of his petition

Insolvent dis-
charge.