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Forms.
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LXX. That the alleged set-off did not accrue
within ——— years (state the period of limitation
applicable to the case,) before this suit.
LXXI. That the plaintiff's claim is upon an ac-
count concerning trade between himself and the de-
fendant, as merchant and merchant.
LXXII. That the plaintiff was possessed of land
called, "Midsummer," in ———— county, whereon
the defendant was trespassing 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.
LXXIII. That the defendant was not entitled to
the said way over the plaintiff's land as the defendant
has alleged.
LXXI V. That the alleged trespass was not a use
by the defendant of the said way.
LXXV. That the defendant was not within the
age of twenty-one years as alleged.
LXX VI. That the alleged deed was not delivered
as an escrow as alleged.
LXXVII. That the defendant was not, and is not
now, the wife of one W. T. as alleged.
LXVIII. That the defendant did not make the al-
leged deed by duress as alleged.
LXXIX. That the alleged deed was not procurred
by the fraud of the plaintiff.
LXXX. That the defendant did not committ the
alleged assault in his own defence.
NEW ASSIGNMENT.
LXXXI. The plaintiff, as to the —— and ——
pleas, says, that he sues not for the trespasses there-
in admitted, but for trespasses committed by the de-
fendant 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.
(If the plaintiff replies and new assigns, the new
assignment may be as follows :)
LXXXII. 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, &c.
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