1791-11-05 (static/transcriptions/1791/11/040.jpg)

(97.

fail in the present case, whatever benefit the Deft might have derived from a proceeding in Equity, or from an application to this court by affidavits accompanied by a tender. But Deft knew that if he applied by affidavit, facts must be disclosed which do not appear in the plea.

Mr. Shaw for Deft & against the Demurrer.
Contends that the facts alleged in the plea are sufficient in substance to bar the