ART. 75] FORMS OF PLEADINGS—PLEAS IN TORT. 1647

pending, and that the alleged claim accrued before the filing
of his petition. And upon proof of the facts so pleaded, judg-
ment shall only be entered subject to the result of the proceed-
ings under the petition.

Farms of Pleas in Actions far Wrongs.

58. That he did not commit the wrong alleged.

59. That he did what is complained of by the defendant's
leave.

Hays v. Richardson, 1 G. & J. 366 Addison v. Hack, 2 Gill, 229. Carter
v. Harlan, 6 Md. 26. Hamilton v. Windolf, 36 Md. 301. B. & O. R. R. Co.
v. Pot Coal Co., 51 Md. 343. Vogler v. Geiss, 51 Md. 411.

60. That the plaintiff was not entitled to the said way over
the defendant's land as the plaintiff has alleged.

61. That the plaintiff first assaulted him; and he committed
the alleged assault in his own defence.

62. That the defendant, at the time of the alleged trespass,
was possessed of land called "Idlewild," in ———— county,
and was entitled to a way from said land over the land of the
plaintiff, to a public highway, for himself and his servants
with horses and wagons, to go and return at all times, at his
and their free will, for the more convenient occupation of the
said land of the defendant; and that the alleged trespass was
a use by the defendant of said way.

Wright v. Freeman, 5 H. & J. 467. Hays v. Richardson, 1 G. & J. 366.
Day v Allender, 22 Md, 525. Browne v. Trustees, 37 Md. 119. Vogler v.
Geiss, 51 Md. 410. Cox v. Forrest, 60 Md. 74.

Forms of Replications.

63. The plaintiff, as to the defendant's plea, says (here state
the matter of reply).

64. The plaintiff, as to the second plea, says (state the
answer to the plea, as in the following form).

65. That the alleged release is not the plaintiffs deed.

66. That the alleged release was procured by the fraud of
the defendant.

67. That the alleged set-off did not accrue within ————
years (state the period of limitation applicable to the case),
before the plea pleaded.

68. That the plaintiff's claim is upon an account concerning
trade between himself and defendant as merchant and merchant,
not residing in this State.