object of obtaining such judgment by your orators was, that the said debt might be made secure by being made a lien by said judgment upon the said farm and real estate, and it was so understood by the said Abraham L. Dietz.

And your orators further show unto your honor, that afterwards, and on the 9th day of February, A. D., 1843, the said Abraham L. Dietz sold and conveyed the aforesaid lands and premises by deed, bearing date the day and year last aforesaid, to Gideon Becker, of the town of Schoharie, in the county of Schoharie, as by the record of the said deed of conveyance, now remaining in the clerk's office of Albany county, reference being thereto had, will more fully appear.

And your orators further show unto your honor, that as they are informed and believe, that at the time of the sale and conveyance aforesaid, by the said Abraham L. Dietz to the said Gideon Becker, of the farm and premises aforesaid, the said Gideon Becker was informed by the said Abraham L. Dietz, and knew of the judgment of your orators aforesaid, and the said Gideon Becker as well as the said Abraham L. Dietz and your orators, supposed and believed and understood said judgment to be a lien on the said premises and real estate, sold and conveyed by the said Abraham L. Dietz to the said Gideon Becker as aforesaid.

And your orators further show unto your honor, that at the time of such sale and conveyance as aforesaid, it was agreed between said Abraham L. Dietz and the said Gideon Becker, that the said Gideon Becker should purchase the said farm and premises from said Abraham L. Dietz, subject to the lien of the judgment of your orators, and that he, the said Gideon Becker, should pay, satisfy and discharge the said judgment of your orators.

And your orators further show unto your honor, that the said Abraham L. Dietz sold and conveyed the said farm,

lands and premises to the said Gideon Becker, subject to the lien of the judgmeat of your orators thereon; and that an amount equal to the amount of said judgment of your orators was, by agreement between the said Abraham L. Dietz and said Gideon Becker, retained by said Gideon Becker, out of the purchase money for said lands and premises, and was not and has not been paid to the said Abraham L. Dietz, as your orators have been informed and believes.

And your orators further show unto your honor, that they have been informed and believe, that the said Gideon Becker executed a paper writing, and delivered the same so executed, to the said Abraham L. Dietz, showing that the deed of conveyance was taken and received by the said Gideon Becker, subject to the lien of the judgment of your orators on the said farm and premises, and that he the said Gideon Becker would pay said judgment to your orators in lieu of the amount of such judgment to the said Abraham L. Dietz, toward the purchase money for said farm and premises, and that your orators have been informed and believe, that said agreement in writing has been lost, he, the said Dietz, having made diligent search for said writing or agreement, and has been unable to find the same, and therefore your orators are unable to state the contents of said agreement more particularly.

And your orators further show unto your honor, that after the promises to your orators as aforesaid, the said Gideon Becker heard or discovered that a transcript of the judgment of your orators had not been filed and docketed as required by law, in the clerk's office of the city and county of Albany, and that since such discovery, the said Gideon Becker has wholly refused, and still doth refuse to acknowledge the lien of your orators said judgment upon the aforesaid described land and premises, and utterly refuses

to pay to your orators their said judgment, or any part thereof,

And your orators further show unto your honor, that they were not informed and did not know that a transcript had not been filed as required by law in the clerk's office of the county of Albany, until on or about the 20th day of December last, but on the contrary, always suppose that all legal and necessary steps had been taken to make said judgment a lien upon said premises.

And your orators further show unto your honor, that as they are informed and believe, the said Abraham L. Dietz, the defendant in said judgment, is wholly insolvent and unable to pay his debts, and that unless the judgment of your orators shall be declared a lien upon said farm and premises, your orators will lose their said debt.

And your orators further show, that said judgment remains unpaid and unsatisfied, and as your orators believe unreversed, and that the whole amount of said judgment is now equitably due to your orators from the said Gideon Becker.

And your orators further show that they are informed and believe that the said Gideon Becker is now the owner of the aforesaid described farm and premises.

And your orators further show that they are informed and believe that the said Gideon Becker threatens to sell and convey the said farm and premises, and by that means deprive your orators of all equitable lien of their said judgment upon the said farm and premises, and so avoid the payment to your orators of the amount of their said judgment, as by said agreement with the said Abraham L. Deitz, and the premises to your orators, before he had discovered the said judgment was not a legal lien upon said farm and premises, he was in duty and equity bound to do.

And your orators had well hoped that the said Gideon Becker would have paid the judgment of your orators, as by his said agreement and promises, in equity and good conscience, he ought to have done. But now so it is, may it please your honor, that the said Gideon Becker, combining and confederating with divers persons, whose names are at present unknown to your orators, but which when discovered they pray leave to add as parties to this, their bill of complaint, with apt words, to charge them in the premises, contriving how to injure and aggrieve your orators in this behalf, has altogether neglected and declined to pay your orators' aforesaid just demands against him, alleging divers unfounded objections and pretences in that behalf.

Sometimes the said Gideon Becker pretends that although he bought the said farm, subject to the lien of the judgment

1 This part of the bill is called the Confederating part. It was usually, but not invariably, inserted in bills, and was never necessary; and, indeed, was generally treated as surplusage, so much so, that it was not considered necessary to respond to it in the answer. (Story Eq. Pl., § 29.) Such allegations in a complaint under the Code would be clearly redundant, and would be liable to be expunged on motion.

2 Here follows what is called the Charging part, being the fifth part of an equity bill. It sets forth the matters of defence or excuse which it is supposed the defendant intends or pretends to set up to justify his non-compliance with the plaintiff's claim, and then charges other matters which disprove or avoid the supposed defence or excuse. It contained in general but little more than an enlargement of the plaintiff's statement, as set forth in the stating part of the bill; and was often omitted; and, indeed, was not considered indispensible in any case. (Story Eq. Pl., §§ 31, 33.) Allegations of this description are not only unnecessary, but are not allowed in a pleading under the Code. In Clark v. Harwood (8 How., 470), Justice HARRIS, in striking out as irrelevant certain allegations of this description from a complaint, remarks: "We have in this extract a very fair specimen of the system of pretence and charge which prevailed so extensively in Chancery pleading. The replication being general, the plaintiff

of your orators thereon, which was considered by the said Abraham L. Deitz and the said Gideon Becker, as so much towards the purchase money of said farm and premises; and that he would have paid the amount of the said judgment of your orators in addition thereto, had not said judgment been considered a part of the consideration towards the purchase of said farm, yet he pretends that your orators having neglected to docket said judgment in the office of the clerk of Albany county, until after the said Gideon Becker became the purchaser and owner thereof, the said farm was thereby free and clear from the lien of said judgment and the said Gideon Becker from the payment of the same, notwithstanding the promises of the said Gideon Becker to pay your orators before he had discovered the said judgment had not been docketed according to law. The contrary whereof your orators charge to be the fact, that the said sale and conveyance of the said farm by said Abraham L. Dietz to said Gideon Becker, and the deduction of the amount of said judgment from the purchase money, and the agreement to pay the same to the said Abraham L. Dietz, and subsequently to your orators, or one of them, renders the said Gideon Becker as liable in equity as he would have been in law, if

undertook to anticipate in his bill the matters which might be brought forward in the answer by way of defence. These he set forth as pretences on the part of the defendant, and as a kind of replication in advance, and to meet and avoid such matters, if they should be set up in the answer, he proceeded to allege in the form of charges, certain other matters. Such charges the defendant was required to answer, and thus the plaintiff obtained the benefit of an examination of the defendant upon all the matters embraced in the charging part of the bill. I need scarcely say that nothing of this kind is allowable under the Code. Although it has been strenuously contended that the principles of equity pleading are still retained; yet, certainly, so far as it relates to pretences and charges, they are no longer allowable. The plaintiff is to state the facts which constitute his cause of action, and nothing more."