1788-08-11 (static/transcriptions/1788/08/078.jpg)
In Mitford’s pleadings in Chany 105-106 mentions these cases and adds “In all these cases if any [surety?] is charged by the bill, which may avoid the Bar created by the Stat that Matter must be denied generally by way of averment in the plea.”
Treat on the pleadgs in Chancery printed for W. Owen 1780.
So in 3 Atkins 70, quoted by Hinde – “Where a particular spial promise is charged to avoid the operation of the Statute, the Plf must deny the promise charged by avermts in the plea