1788-08-11 (static/transcriptions/1788/08/077.jpg)

“any agent or person thereunto lawfully authorized by the Defendants.”

The suggestion in the bill was not necessary Sir T. Jones 158 Case & Barber. But Without such a negative avermt in the plea it is no bar. In confirmation of this doctrine Mr. Jas. D. quoted the case of Cottington V Fletcher

In 2 Atkins 150 There the Plaintiff whilst a papist, assigned an advowson to the defendant for the term of 99 years, & having conformed, has brought his bill for a reassignment of the term, suggesting he had only assigned it in trust for himself, & to avoid the penalties of the Statute of 3 Jac. 1. and 1 W. & M.

The defendant pleaded the Statute of Frauds & Perjuries in bar to the discovery, but by his answer admitted that the advowson was assigned to him for the purposes charged by the bill.

Lord Hardwick held the plea must be over-ruled, being coupled with an answer which admits the facts.

[very faint note]
Note in this case there was in the plea a [ill] [ill] ment that the [2 ½ unreadable lines]

All the authorities are