T. WATKINS LIGON, ESQUIRE, GOVERNOR.

161

ARTICLE 6th.

OF TITLE.

117. When, in pleading, any right or authority is
set up in respect of property, personal or real, some
title to that property must be alleged in the party, or
in some other person from whom he derives his au-
thority. And if a party be charged with any liability
in respect of property, personal or real, his title to
that property must be alleged, and proved as laid.

Title must be
alleged.

118. In no case shall it be necessary to allege title
more particularly than is sufficient to show the right
or authority claimed, or the liability charged.

Only so far at
to show right.

119. In the action of replevin, for cattle taken
damage feasant, it shall be sufficient for the defendant
to allege mere title of possession.

Action of re-
plevin.

120. In an action for breaking the plaintiff's close,
when the defendant justifies under a right of way or
other incorporeal right over in the plaintiff's close,
it shall not be necessary for the defendant, in his
plea, to set forth his full title to another close in re-
spect of which he claims such right, nor to set forth
the particular ground of his right; but he may plead
generally that he was possessed of his close, and had
the right claimed, for the more convenient occupa-
tion of the close; as a plaintiff is allowed to do in
his declaration, when sueing for an injury to such in-
corporeal rights.

ARTICLE 7th.
OF DERIVATION OF TITLE.

In an action
whore defend-
ant justifies
under right of
way.

121. It shall not be necessary to allege the com-
mencement of either a particular or of a superior es-
tate, unless it be essential to the merits of the cause.

Not necessary
to allege.

122. Where a party claims by inheritance, either
by immediate or mediate descent, he shall allege how
he is heir, as son, nephew, or otherwise.

Shall allege
how he is heir.

123. Where a party claims by conveyance, he may
state it according to its legal effect or name.

Party claim
ing by convey-
ance.