1788-08-18 (static/transcriptions/1788/08/153.jpg)

Among the [ill] & [ill], [ill] [ill], & so among us, the [ill] comes in instead of the ans:, to so much [ill] covers, [ill] [ill] [ill] be overruled, before [ill] is to ans:, bec: he is not to [ill] in the [ill], as in issue, & therefore where the [ill] is [ill] plead [ill] yet is a good cover in equity to part of the bill, the [ill] often reserves the benefit of it to the hearing; & then that part of the bill which is covered by such plea, is not to be answered.

In the same book 59.
Plfs lessee brot a bill agt the heir & [ill] of the lessor, to [ill] [ill] [ill], suggests that such heir seized by the marriage settlemt & to have [ill] on the [ill] for if [ill] assurance out of the assets; the [ill] [ill] the marriage settlemt, to which the ancestor was only tenant for life, with a rescminder to have in trial, with a pwer in the ancestor to make leases at the [ill] improved rent, & demurred to that part of the bill, that prayed relief out of the assets, bec it was matter determinable at [ill] [ill] [ill] only in damages; but he plea, tho allowed to be good in [ill], was over ruled, [ill] [ill] was pleaded [ill] [ill] that was after [ill] ansd unto, such [ill] that part [ill] be [ill] to [ill] [ill], [ill] manner of exception; even if the ans was general & defective, therefore the plea, tho good in substance, was [ill].

I have hitherto quoted cases as to discovery but
now