tels which were of the said E F at the time of his death, of Against exes great value, (to wit,) of the value of the said damages in the cutors, said declaration mentioned, came to, and were in the hands of the said CD as executor as aforesaid, to be administered, to wit, at, &c. aforesaid, and wherewith he could, and might and ought, to have satisfied the damages aforesaid; and this he the said A B is ready to verify; wherefore he prays judgment, and his damages aforesaid, to be levied of the said goods and chattels, which were of the said E F at the time of his death, which have so come to the hands of the said C D as executor as aforesaid to be administered, since the exhibiting of the bill aforesaid, &c. covered a [Precludi non, as ante, 593. second precedent.] Because he To plea of saith, that the said judgment in the said first plea mentioned judgments reto have been recovered against the said CD by the said E F, gainst executor, that they was had and obtained by the fraud and covin of the said C D, were obtained and with his intent to defraud the said A B of his debt. And by fraud.(0) the said A B further saith, that the said judgment in the said first plea mentioned to have been recovered against the said CD by the said G H, was had and obtained by the fraud and covin of the said C D, and with his intent to defraud the said A B of his said debt. And this, &c. [conclude with a verification, as ante, 594.] * 611. [Precludi non, as ante, 593. second precedent.] Because he To plea of saith, that the said E F in his life-time, and at the time of his judgment redeath, was indebted to the said G H in a much less sum of gainst execu (0) See the precedents, 1 Lutw. 660. 2 Saund. 49. As to this replication in general, see Com. Dig. Pleader, 2 D. 9. 5 T. R. 80. It is sufficient to allege generally, that the judgment was obtained or continued by covin, without shewing the special matter, and that it was by the @ovin of the executor or administrator only, 9 Co. 110. If several judgments "be pleaded, the plaintiff may VOL. II. in his replication answer one only, or (p) See the note to the last pre. [ 69 ] covered a tor, that he fraudulently suffered the judgment to be obtained for more than against him was due.(p) Eutors. Against exe- money than the said sum of . to wit, in the sum of -. only, and no more, to wit, at, &c. aforesaid, and that the said CD permitted and suffered the said judgment in the said plea mentioned, to pass against him the said CD for much more, to wit, for the sum of. more than was due and owing from the said E F in his life-time and at the time of his death to the said G H, by the fraud and covin of the said C D, and the said G H in order to cover and protect the goods and chattels which were of the said E F at the time of his death, which had, or might come to the hands of the said CD to be administered, from the payment and discharge of the damages sustained by the said A B, by reason of the non-performance of the said several promises and undertakings in the said declaration mentioned, and to prevent the said A B from recovering his damages aforesaid. And the said A B further saith, that the said CD now hath, and at the time of the commencement of this suit had, divers goods and chattels which were of the said E F deceased, at the time of his death in his hands to be administered, sufficient to satisfy all the money really due and owing from the said E F at the time of his death to the said G H and the damages aforesaid, by the judgment aforesaid, in form aforesaid recovered, and also the damages sustained by the said A B, by reason of the non-performance of the said *several promises and undertakings in the said decla ration mentioned, to wit, at, &c. aforesaid. And this, &c. [con-clude with a verification, as ante, 594.] * 612 To plea of bond out it has been paid, and is fraudulently kept on foot. (9) [Precludi non, as ante, 593. second precedent.] Because be standing, that saith, that after the making of the said writing obligatory in the said plea mentioned, and before the pleading of the said plea, to wit, on, &c. the said writing obligatory to the said G H, and all money thereon due and payable, was fully paid off, discharged and satisfied, to him the said G H, to wit, at, &c. aforesaid. And the said A B in fact further saith, that notwithstanding such payment and discharge of the said writing (4) See the precedent, 3 Wentw. 1 Saund. 333 to 336, and the law and 243, 244. and other more special the precedents referred to, id. 334forms, Lil. Ent. 58. Bro. Red. 56. n. 9. cutors. obligatory to the said G H as aforesaid, the said writing obli- Against exe. gatory is still kept on foot, uncancelled by the fraud and covin of the said CD, with intent to defraud him the said A B of the damages by him sustained on occasion of the premises in the said declaration mentioned. And this, &c. [conclude with a verification, as ante, 594.] [If the defendant have pleaded the general issue as well as plene administravit, and the plaintiff is not certain of being able to prove that the defendant has received assets, he should not take issue on the latter plea, but should reply as follows, upon which the defendant usually withdraws the general issue, or will have to pay the costs of the trial, in case the plaintiff obtain a verdict: And the said A B as to the said plea of the said CD by him first above pleaded, and whereof he hath put himself upon the country, doth the like. And as to the said plea of the said CD by him lastly above pleaded, the said AB, inasmuch as he cannot deny the said several allegations of the said CD in his said last plea, prays judgment, and his damages by him sustained on occasion of the not performing *of the said several promises and undertakings in the said declaration mentioned, to be adjudged to him to be levied of the goods and chattels which were of the said G H at the time of his death, and which, since the pleading of the said second plea of the said CD, have come,(s) or which shall hereafter come, to the hands of the said CD as executor, (or "as administrator,") as aforesaid, to be administered, (or if the plea were of bonds, c. outstanding, and plene administravit præter, here add the following words "after satisfying the monies due and owing on the said several judgments and writings obligatory, in the said last plea mentioned.") But because it is uncertain whether the said CD will be convicted upon the said issue above joined between the parties aforesaid, therefore let judgment be thereupon staid until the trial and determination of the said issue, and in order to try the said issue, let a jury come, &c. (r) As to this replication, Com. (8) See 6 T. R. 10. 1 Saund. 336. a. Dig. Pleader, 2 D. 9. Against exe- (award of venire by bill or original, as in Tidd's Forms, 187 cutors. T'he like with award of in the general issue was not pleaded. -189.) And hereupon the said AB, inasmuch as the said CD quiry, where hath not denied the said action of him the said A B, nor but that the said E F in his life-time did undertake and promise, in manner and form as he the said A B hath above in that behalf alleged, and inasmuch as he the said A B cannot deny but that the said CD had not any goods or chattels which were of the said E F at the time of his death, in his hands to be administered, in manner and form as the said CD hath above in his said plea in that behalf alleged, prays judgment, and his damages by him sustained, on occasion of the not performing of the said several promises and undertakings in the said declaration mentioned, to be adjudged to him, to be levi ed of the goods and chattels which were of the said E F at the time of his death, and which since the pleading of the said second plea of the said CD have come, or which shall hereafter come, to the hands of the said CD to be administered, (or if the plea were of bonds, *c. outstanding, and plene administravit præter, here add the following words after satis fying the monies due and owing on the said several judgments and writings obligatory in the said last plea mentioned.") Therefore it is considered that the said A B do recover against the said CD, his damages by him sustained on occasion of the premises, to be levied in form aforesaid, but because it is unknown to the court of our said lord the king now here, what damages the said ♬ B hath sustained by means of the premi ses. the sheriff is commanded, &c. [award of inquiry as usual in case of a judgment by nil dicit, see Tidd's Forms, 260.] * 614 REPLICATIONS IN DEBT.. [The common similiter in debt, to a plea concluding to the On bonds,c, country, is the same as in the precedent in assumpsit, ante, 592. Common conclusion with a When the replication concludes with a verification otherwise than of verification. matter of record, the form is as follows:] And this he the said A B is ready to verify; wherefore he prays judgment and his debt aforesaid, together with his damages by him sustained on occasion of the detention thereof to be adjudged to him, &c. deed was ot [Precludi non, as ante, 593. second precedent.] Because he To plea that saith, that the said writing obligatory in the said declaration tained by mentioned, was obtained fairly and honestly by him the said fraud, that it was duly obA B, and not by him the said AB and others in collusion tained. (a) with him, by fraud, covin, or misrepresentation, in manner and form as the said CD hath in his said plea by him lastly above pleaded, alleged, and this he the said A B prays may be inquired of by the country, &c. [Precludi non, as ante, 593. second precedent.] Because he saith, that the said C D of his own free will, made and sealed, and as his act and deed, delivered to the said A B, the said writing obligatory in the said declaration mentioned, and not by reason, or in consequence of the said supposed menaces or threats, in the said second plea mentioned, or in fear or apprehension thereof, in manner and form as the said C D hath în his said second plea in that behalf alleged, and *this he the said A B prays may be inquired of by the country, &c. [Precludi non, as ante, 593. second precedent.] Because he saith, that the said C D at the time of the making of the said (a) See the plea, ante, 464. 596. and Com. Dig. Pleader, 2 W. (c) See the plea, ante, 466. and |