1648 PLEADINGS, PRACTICE AND PROCESS AT LAW. [ART. 75

69. That the plaintiff was possessed of land called " Mid-
summer," in ———— county, whereon the defendant was tres-
passing and doing damage, whereupon the plaintiff requested
the defendant to leave the said land, which the defendant
refused to do; and thereupon the plaintiff gently laid his
hands on the defendant in order to remove him, doing no more
than was necessary for that purpose, which is the alleged first
assault by the plaintiff.

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

71. That the alleged trespass was not a use by the defendant
of the said way.

72. That the defendant was no.t within the age of twenty-one
years, as alleged.

73. That the alleged deed was not delivered as an escrow,
as alleged.

74. That the defendant was not, and is not now, the wife of
one W. T., as alleged.

75. That the defendant did not make the alleged deed by
duress, as alleged.

76. That the alleged deed was not procured by the fraud of
the plaintiff.

77. That the defendant did not commit the alleged assault
in his own defense.

New Assignment.

(If the plaintiff replies and new assigns, the new assignment
may be as follows):

78. The plaintiff, as to the —— and —— pleas, says, that
he sues not for the trespasses therein admitted, but for tres-
passes committed by the defendant in excess of the alleged
rights, and also in other parts of the said land and on other
occasions, and for other purposes than those referred to in the
said pleas.
Day v. Allender, 22 Md 511.

79. And the plaintiff, as to the ——— and ——— pleas, further
says, that he sues not only for the trespasses in these pleas
admitted, but also for, etc.

(If the plaintiff replies and new assigns 'to some of the pleas,
and new assigns only to the others, the form may be as follows):