deceased, this defendant's testator, did at any time
within six years before exhibiting the said bill, or serv-
ing or suing out process against this defendant to ap-
pear to and answer the same promise, agree to come to
any account for, or to pay or any ways satisfy the said
complainant any sum or sums of money, for or by
reason of any matters, transactions, or things, in the
complainant's said bill of complaint charged or alleged;
All which matters and things this defendant doth aver
to be true, and is ready and willing to maintain and
prove as this honourable Court shall award; and he
doth plead the same in bar to the whole of the said bill,
except such parts as aforesaid, and doth humbly de-
mand the judgment of this honourable Court whether
he, this defendant, ought to be compelled to make any
further or other answer to such parts of the said bill as
he hath pleaded unto, and this defendant not waiving or
relinquishing his said plea does, for answer to such said
excepted point or question, put to them in the said bill
of complaint and not covered by his said plea, or to so
much of such questions as he is advised is material or
necessary for him to make answer unto, answer and
saith he believes that the said E. F. attained his
twenty-one years, on or about the
day of
and this defendant doth not know or believe that the
said E. F., for any time whatsoever, forbore or was un-
willing, out of respect or affection for the said G. F.,
his father, to take or use any compulsory measures for
obtaining any settlement of the accounts in the bill
mentioned. Without that, &c.

age of
&c.

The plea of, &c.

Limitations

seeks a dis

covery of

This defendant by protestation (see p. 191,) as to so Plea of the much of the said bill as seeks to have any discovery from Statute of this defendant of all, or any, or either of the deeds, to so much of writings, evidences, conveyances, and assurances in this a bill as defendant's custody, knowledge, or power, touching or concerning the manor, rectory, lands, tenements, grounds, title deeds, and hereditaments in the said bill mentioned, or the right and of the or title thereof, or as seeks a discovery of what estate, title to the right, title, or interest this defendant hath in or to the estates in said premises in the said bill mentioned, this defendant question, supdoth plead thereto, and for plea saith, that by an act of averments,

K

defendant's

ported by

shewing an

twenty years

in the defen

whom he

claimed, accompanied by an answer to so

much of the bill as re

whom the

plaintiff claimed was seised of the estate.(a)

parliament made in the 4th year of the reign of King uninterrupted William the Fourth,(b) intituled "An Act for the Limipossession for tation of Actions and Suits relating to Real Property, and upwards and for simplifying the Remedies for trying the Rights dant and the thereto," it was enacted, that no person or persons party through should at any time thereafter make any entry into any lands, tenements, or hereditaments, but within twenty years next after their right or title should first descend or accrue to the same; and in default thereof, such person so not entering, and their heirs, should be utterly excluded and disabled from such entry after to be made: quired a dis- and this defendant doth aver, that J. L. in the said bill covery of the time when the named, and under whom the said complainant claims party through title to the said premises, or any other person for his use, or in trust for him, was not, at any time within the space of twenty years next before his the said J. L.'s death, in the possession, or in the receipt of the rents or other profits of the manor, rectory, lands, tenements, grounds, and hereditaments, and other the premises mentioned in the said complainant's bill, or any part thereof: and this defendant doth likewise aver, that the said J. L. at his death left L. L. his brother and heir at law; and that the said L. L., or any person for his use, or in trust for him, was not in his lifetime, and after the death of the said J. L., in the possession or in receipt of the rents or other profits of the same premises, or any part thereof; and this deponent doth likewise aver, that the said complainant, or any person under whom he claims, or any other persons or person for his or their or any of their use, or in trust for him or them, or any of them, were not, nor was, after the death of the said L. L. to the time of filing the said complainant's bill, in the possession, or in the receipt of the rents and other profits of the same premises, or any part thereof: and this defendant doth also aver, that the said complainant, or any person under whom he claims, or any other person or persons for his or their, or any of their use, or in trust for him or them, or any of them, was not, nor were, within twenty years next before the filing of the said complainant's bill, in the possession or in the receipt of

(a) See Ld. Red. Tr. pl. 258, 271; Beames on Pleas, 161. (b) C. 27.

the rents or other profits of the same premises, or any part thereof: and this defendant doth aver, that B. B., the grandfather of this defendant's wife, was, in the year 18-, for the space of fifty years and upwards, then last past, in the continual peaceable and uninterrupted possession and enjoyment, by himself and his tenants, of the said manor, rectory, lands, tenements, grounds, and hereditaments, and every part thereof, and continued so to be, until this defendant entered thereupon in the said year 18-, in which year this defendant entered upon the said premises; and he this defendant, from that time to the time of filing the said complainant's bill, was in the continual peaceable and uninterrupted possession and enjoyment thereof by himself and his tenants, and is now in the actual possession and receipt of the rents and profits thereof; and this defendant doth plead the said act of parliament, and such possession and enjoyment as aforesaid, to so much of the said bill as is hereinbefore pleaded to: and this defendant humbly prays the judgment of this honorable Court, whether he ought to make any further answer to so much of the said bill as is hereinbefore pleaded to: and this defendant, not waiving his said plea, but wholly relying and insisting thereon for answer to the residue of the said bill, or so much thereof as this defendant is advised is material or necessary for him to make answer unto, answereth and saith, he believes it to be true, that J. L. in the said bill named, was in and before the year 18-, and not since that year, seised or well entitled to him and his heirs in fee simple in possession of, in, and to the manor and rectory of D., and divers lands, tenements, grounds, and hereditaments thereunto belonging, and therewith held and enjoyed by the said J. L. and his ancestors, as their family estate, situate and being at D., in the county of C. Without that, &c.

INDEX.

A.

ABATEMENT, pleading in, within what time, 49.

by death of copyholder, when action must be revived, 96.

ACCOUNT, bill for, when not affected by statute of limitations, 4.
of rents and profits, how limited in equity, 72.

stated in writing, not sufficient acknowledgment, 29.
current between merchants, not affected by limitation, 3.
but it attaches when account closed, 127.

how allegation in bill of, affects pleading, 73.
mutual, when considered evidence of payment, 129.
agreement to, action on, how limited, 27.

ACCUMULATION, trust for, within what time limited, 73,

ACKNOWLEDGMENT, of title to land, by person in possession,
71, 152.

when payment of tithes sufficient, 145.
receipt of rent, by and to whom given, 71.
arrears of rent or interest, 16.

by person by whom mortgage money, &c. payable, 71.
in writing, by debtor or agent, specialties, 25, 173.

in cases of simple contract, 28, 128.

does not require stamp, 28, 130..

requisites of, 28, 128.

statute relating thereto, 127.

by payment, effect of, 25, 129, 173.

what considered a payment, 129, 130.

by one of joint contractors, &c., 27, 128.

trustee, by initials only, 72.

legal effect of, a question for the Court, 128.

when not sufficient to prevent operation of statute, 29.
general devise to pay debts, effect of, 74.

ACQUIESCENCE, by landlord, on attornment to another, 150.
what is deemed to be, 160.

by a cestui que trust, ib.

in mortgage transactions, ib.

cases of fraud, ib.