708. Rule upon indorsee. Follow the above form to "dollars and interest." Then add, " and that D. E. claims an interest in said note." On motion, &c. It is ordered that said D. E. appear at the the next term of said court, to be holden at C., in said county of M., and show that the same note was transferred to him in good faith, and for an adequate consideration, before the service of said trustee process, and that a copy of this order be served on said D. E. fourteen days before said term. 709. Order of publication. S. C. B., Clerk. Follow form 707 to," it is ordered;" then add, "that notice be given for the information of any person who may claim an interest in said note, so that such person may appear and show that the same, if transferred, was transferred to him in good faith, and for an adequate consideration, before the service of said trustee process, by causing a copy of this order to be published three weeks successively in the, a newspaper printed at, the last publication to be at least thirty days prior to said day of S. C. B., Clerk, FORMS OF ISSUES IN TRUSTEE CASES IN THE COURT OF COMMON PLEAS AND SUPREME JUDICIAL COURT. 709, A. Between plaintiff and trustee. Css. C. C. P., Term, 185-. A. P. vs. C. D. and E. F., Trustee. And the said E. F. comes and defends, &c., when, &c., and says that he had not atthe time of the service of the plaintiff's said writ, and has not had at any time since, any money, goods, chattels, rights or credits of said C. D., in his hands or possession, and thereof puts himself upon the country, or submits to answer interrogatories as the plaintiff may elect. E. F. And the said A. P. elects that the question of the liability of said E. F. may be tried by the jury, and thereof likewise puts himself on the country. 709, B. Between plaintiff and trustee. (After disclosure.) C-88. C. C. P., A. P. vs. C. D., and E. F., Trustee. A. P. On motion of — -, attorney for the plaintiff, and upon payment of the costs of said E. F. to this time, It is ordered that an issue be framed for the trial of the question whether said E. F. is trustee of C. D. or not, and that the same be tried by the jury. By the Court. Clerk. And thereupon the said A. B. says that the said E. F. is trustee of the said C. D., because he says that on the day of the date of the pl's. said writ, and always since, said E. F. was, and is, justly indebted to said C. D., in the sum of - - for so much money by said E. F., before that time had and received of one E. T., to the use of said C. D. Or: ; one had in his hands and possession one horse of the value of saddle of the value of -, &c., all of the goods and chattels of said C. D., &c. And this he is ready to verify, &c. And the said E. F. says he is not trustee of said C. D. because he says that on the day, &c., or since, he did not owe the said C. D., the said sum of —, nor any part thereof. Or: And that on, &c., he had not in his hands or possession the said horse, saddle, &c., nor any of them, as the said A. P., has in pleading alleged. thereof he puts himself on the country. By And the plaintiff doth the like by 709, c. Between plaintiff and trustee. (After disclosure.) [Insert order as in last form.] A. P. vs. C. D., and E. F., Trustee. And the said A. P., as to the said plea of the said E. F., wherein he puts himself on the country, doth the like, 709, D. Specification. C-SS., By --- A. P. vs. C. D., and E. F., Trustee. Upon the trial of the issue joined in the above action, the plaintiff will prove that on the day of the date of the plaintiff's said writ, and since, the said E. F. was justly indebted to said C. D. in the sum of for one horse by the said C. D. before that time sold and delivered to him. Or: for so much money by the defendant before that time paid, laid out and expended by said C. D. for said E. F. at his request. Or: the said E. F. had in his hands and possession four oxen of the value of -. Or: One promissory note, signed by T. D., dated -, whereby said D., or bearer, the were, and still aro By 709, E. Between plaintiff and indorsee. [Insert the rule of court No. 708.] A. P. vs. C. D., and E. F., Trustee. Term, 185-. And now, T. C. being admitted by the court to appear and maintain his right, comes and defends, &c., when, &c., and says that the said promissory note, set forth in the disclosure of said E. F., bearing date the day of—, —, whereby said E. F., for value received, promised said C. D., to pay him or his order, the sum of on demand, with interest, was indorsed and transferred by said C. D., to him, the said T. C., in good faith and for an adequate consideration, before the service of said trustee process. And this he is ready to verify, wherefore he prays judgment if said E. F. should be charged as trustee of said C. D. by reason of said note. And the said A. P. says that the said promissory note was not indorsed and transferred by said C. D. to said T. C. in good faith and for an adequate consideration before the service of said trustee process, and this he prays may be inquired of by the country. By And the said T. C. doth the like by [If the claimant elects an issue to the jury, he may conclude his plea by praying an inquiry by the country instead of a replication.] 709, F. Between plaintiff and claimant of notes disclosed. H-88. Court of Common Pleas, October Term, 185-. A. B. vs. C. D., and E. F., Trustee. On motion of D. F., of -, &c., it is ordered by the court, that he, the said D. F.. have leave to appear and maintain his right to the notes mentioned in the disclosure of said E. F. PLEA. Attest: P. D., Clerk. And the said D. F., by leave of the court, here, for that purpose, first had and obtained, comes and defends, &c., when, &c., and says that the said E. F., ought not to be charged as trustee of said C. D., by reason of any thing contained or set forth in the said disclosure of said E. F., because he says that before the service of the plaintiff's said writ in this suit, on said trustee, the notes named in the disclosure of said supposed trustee, had been sold and transferred to him, the said D. F., in good faith and for an adequate consideration; and this he is ready to verify. Wherefore he prays judgment that said notes were so transferred, and for his costs. Replication. By his attorneys, M. and F. A. B. vs. C. D., & E. F., Trustee. And the plaintiff, as to the plea of said D. F., above pleaded, says that the said E. F. ought to be charged as the trustee of said C. D., because he says the notes named in the disclosure of the said E. F., had not been sold and transferred to said D. F. in good faith and for an adequate consideration before the service of the plaintiff's said writ in this suit upon the said E. F.; and this the plaintiff prays may be inquired of by the country. And the said D. F. doth the like, &c., &c. By his attorney, H. F. 709, G. Between plaintiff and claimant of chattels. [Insert rule of court No. 683.] And now, T. C., being admitted by the court to appear and maintain his right, comes and says that the said goods and chattels set forth in the said disclosure of the said E. F.; namely, one chaise, &c., on the day of ―, before the service of said trustee process, were bargained, sold and delivered by said C. D. to him, the said T. C., for the sum of —, then and there paid by said T. C. to C. D. therefor; and the said goods and chattels ever since have been, and still are, the property of said T. C., &c. As in last form.) And said A. P. says that said goods and chattels were not sold and delivered by said C. D. to said T. C., and are not the property of said T. C., as he has alleged, and this he prays may be inquired of by the country. By And said T. C. doth the like by 709, H. Between plaintiff and claimant. [Insert rule of court No. 683.] And now, T. C., being admitted by the court to appear and maintain his right, comes and says that the said goods and chattels set forth in the said disclosure of the said E. F.; to wit, one wagon, &c., were not on the day of the service of said trustee process, nor have they been at any time since, the goods, chattels or property of said C. D., but they were, and ever since have been the goods, chattels and property of said T. C., &c. (As in form 709, F.) And the said A. P. says that said goods and chattels, on the day, &c., were the goods, chattels and property of said C. D., and not the property of said T. C. as he has alleged, &c. (See last form.) 709, 1. Rule for a receiver. C-ss. C. C. P., Term, 185 A. P. vs. C. D., and E. F., Trustee. Upon motion of – --, attorney for plaintiff, and it appearing to the court by the disclosure of said E. F. that said E. F. had in his hands and possession a certain promissory note, &c., belonging to the said C. D.: It is ordered that be appointed receiver, whose duty it shall be, under the direction of the court, to collect and apply the proceeds of said note to the payment of the debt and costs recovered - ACTION AGAINST TENANTS. by the plaintiff against the principal debtor, and pay the surplus to such debtor, and render his account to the court. 709, K. Rule for a receiver. By the court: Clerk. C-ss. C. C. P., - Term, 185-. -- Trustee. A. P. vs. C. D., and E. F., Upon motion of -, attorney for plaintiff, and its appearing to the court that said E. F. had in his possession at or since the time of the service of said trustee process upon him, certain personal property of the said C. D.; to wit, thirty bushels of rye, &c.; and that the same is subject to a pledge, made by said C. D. to said E. F. thereof, to secure the payment of twenty dollars, and that the same had not at the time of the said disclosure been sold by said E. F. -- be appointed receiver, whose duty it shall It is ordered that be, under the direction of the court, to dispose of the same if a greater amount than the sum due can be obtained therefor, and after paying the amount of such pledge to apply the proceeds, &c. (See last form.) CHAPTER 27. OF THE ACTION AGAINST TENANTS. 1. Leases at will-how determined. 7. Possession of premises, how recov- 8. Summons, form of, in such case. 8. A. Writ must be signed by justice. 9. Summons, how served. 12. Judgment for defendant-when. 14. Recognizance on plea of title. 17. Either party may appeal-when. 10. Judgment on default or issue for plain-21. tiff, what to be. 11. Writ of possession, form of. Judgment affirmed, when. 22. Common law remedy, not affected. Forms of Proceedings. § 1. Any lessor or owner of any lands or tenements may at any time determine any lease at will or tenancy at sufferance, by giving to the tenant or occupant a notice in writing to quit R. S. 424, ch. 209, § 1; the same at a day therein named. C. S. 533, § 1. § 2. If any tenant or occupant neglects or refuses to pay |