1652 PLEADINGS, PRACTICE AND PROCESS AT LAW. [ART. 75
hands, and that more than six months before he so paid he
gave notice to the creditors of P. S. to bring in their claims,
and that at the time of said payment he had no notice or
knowledge of the alleged claim and that since said payment no
further assets have come to his hand.
101. That before this suit, and after the lapse of six months
from the date of his letters testamentary (or of administration),
the defendant paid away, in discharge of just claims, a large
amount of assets of P. S., deceased; and that more than six
months before said payments he gave notice to the creditors of
P. S. to bring in their claims. And at the time of said pay-
ments he had no notice or knowledge of the alleged claim.
And that there are other just debts still due from P. S., of
which the defendant had no notice or knowledge at the time of
the said payments; and he has not, and never has had, assets
sufficient to pay but a portion of the alleged claim, regard
being had to the debts still due from F. S.
102. Other pleas may be in similar form.
Commencements and Conclusions of Declarations by Executors
and Administrators against Executors and Administrators.
103. ———— county, A. B., executor of the last will (or
administrator of the goods and chattels, etc.), of W. K.,
deceased, by S. T., his attorney (or in person), sues T. K., exe-
cutor of the last will (or administrator of the goods and
chattels, etc.), of W, K., deceased, for (here state cause of
action).
104. "And the plaintiff claims therefor" $——— (or if the
action is detinue, brought to recover specific goods), "the plain-
tiff claims a return of the said goods, or their value, and $——
for their detention ;" (or if the action is replevin), "the plain-
tiff claims the return of the said goods" (when they have not
been replevied and delivered), "and $—— for their detention;"
(or in cases where they have been delivered), "the plaintiff
claims said goods and $—— for their detention."
Stirling v. Garritee, 18 Md. 468.
105. Declarations by executors and administrators against
executors and administrators may be in the same form as if
the parties sued in their own right, if proper words are used
to show that the cause of action occurred between the persons
they respectively represent.
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