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court of Common Pleas for the city of Baltimore,)
on the —— day of ———— eighteen hundred and
fifty four, and the proceedings under the petition are
still pending; and that the alleged claim accrued be-
fore the filing of his petition.
139. A defendant may plead, as in the above form,
that he has applied by petition as an insolvent debtor
to the proper court, and that the proceedings under
his petition are still pending, and that the alleged
claim accrued before the filing of his petition. And
upon proof of the facts so pleaded, judgment shall
only be entered subject to the result of the proceed-
ings under the petition.
PLEAS IN ACTIONS FOR WRONGS INDE-
PENDENT OF CONTRACT.
LXI. That he did not commit the wrong alleged.
LXII. That he did what is complained of by the
defendant's leave.
LXIII. That the plaintiff was not entitled to the
said way over the defendant's land as the plaintiff
has alleged.
LXIV. That the plaintiff first assaulted him; and
he committed the alleged assault in his own defence.
LXV. That the defendant, at the time of the al-
leged trespass, was possessed of land called, "Idle-
wild," in ———— county, and was entitled to a way
from said land over the land of the plaintiff, to a pub-
lic 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.
REPLICATIONS.
LXVI. The plaintiff joins issue upon the defend-
ant's 1st, 2nd, &c. pleas.
LXVII. The plaintiff as to the second plea says
(state the answer to the plea as in the following
form.)
LXVIII. That the alleged release is not the plain-
tiff's deed.
LXIX. That the alleged release was procured by
the fraud of the defendant.
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