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DECAY BY TIME. of the cutting thereof were alive, green, and bearing leaves and fruit of their kind; without this, that the pear tree and plum trees at the time of the cutting down thereof were arid and dead, neither bearing leaves nor fruit of their kind, nor was there wood fit for any kind of building to be made thereof, as the faid D. hath above alleged; and this, &c. : Wherefore, because the fame D. hath above acknowledged the cutting down the pear tree and plum trees aforefaid, he prays judgment, and that his damages occafioned by the cutting down and burning thereof, may be adjudged to him, &c.

Rejoinder.

and withered.

That

REJOINDER. And the faid D. fays, that the pear tree the trees were dry and plum trees aforefaid, at the time of the cutting down thereof were arid and dead, bearing neither leaves nor fruit of their kind, nor was their wood fit for any kind of building to be made thereof, as he hath above alleged; and this, &c. Raft. Ent. 692.

SURRENDER.

Plea. As to part, no waste.

As to the refidue, that the Defend

ant before action

brought furrender ed to the Plaintiff.

Replication. Denying the furren

der.

PLEA.

SURRENDER.

And the faid D. and E. and F. come and defend the force and injury when, &c., and as to the waste, fale, or destruction in the faid land, woods, and gardens above fupposed to have been made, the faid D., E. and F. say, that they have made no waste, fale, or destruction in the said lands, woods, and gardens, as the Plaintiff by his writ and declaration aforefaid has above fuppofed; and of this they put themselves upon the country.

And as to the faid waste in the house aforefaid, above al leged to have been made, the fame D., E. and F. fay, (actio non,) because they fay, that the faid D., E. and F., before the day of the fuing out of the original writ of the Plaintiff, to wit, on, &c., at, &c., furrendered the fame houfe to the Plaintiff, to which faid furrender the Plaintiff then and there agreed; and this, &c.: Wherefore, &c.

REPLICATION.

And the Plaintiff fays, that he ought not to be barred from having his action aforefaid for the wafte above alleged to have been made in the house aforefaid, be

cause

cause he fays, that the faid D., E. and F. did not furrender SURRENDER, the fame houses to him the Plaintiff, as the faid D., E. and

F. have above alleged; and this he

prays, &c.

Raft. Ent. 693. a.

RELEASE.

PLEA.

And now here at this day come the Plaintiffs and offer themselves against the said A. A. of the plea aforefaid; and he being folemnly called does not appear; whereupon comes the faid D. here in Court in her proper perfon, and fays, that the said third part is her freehold, as her dower aforefaid; wherefore because the comes before the judgment thereof rendered, which is ready to be rendered for the Plaintiffs, and prays, that fhe may defend her right by herfelf, that her freehold aforefaid may not be loft by the default of the faid A. A., her husband, but that she may be admitted to the defence of her right thereto, &c., and the is admitted, &c.; and defends the force and injury when, &c., whatsoever, &c., and protesting, that there never was such nor the whole wafte in the faid third part made, as the Plaintiffs by their declaration aforefaid fuppofe, and protefting that the whole wafte that was made in the faid third part was made by "the faid B. B., heretofore farmer of the faid third part on, &c., in the year aforefaid, for plea The fays," (actio non,) becaufe fhe fays, that the Plaintiffs, by the name of, &c., on, &c., at, &c., by their certain deed in writing, which the fame D. now produces here in Court, whofe date is the fame day of, &c., remifed, released, and for themfelves, their heirs and executors, wholly quitclaimed to the faid A. A. and D., by the name of, &c., all actions and demands which they had against the fame D. and A. A., or could have from the beginning of the world to the day of the making the faid writing, by reafon of any cutting down or deftroying of any woods by the said A. A., or his affigns any way done in the faid third part, by the name of, &c.; and this, &c. : Wherefore, &c.

RELEASE,

Plea. A release pleaded by wife, admitted to defend instead of husband

REPLICATION. And the Plaintiffs, not acknowledging Replication. Non any thing by the above named D. alleged, fay, (precludi eft factum. non,) because they fay, that the faid writing is not their

deed; and this, &c.

Raft. Ent. 698.

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