Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-04-04
COMMENCEMENT OF PLEAS.

37th. The defendant, by ). T., his at
tornev Tor in person., savs there state the
substance OF the plea!>
3Sth. And for Il second plea the de-
PENDANT says (here state the second plea
Pleas IN ACTION ON SMILE CONTRACT.
39th. That he never was indebted as
alleged, or that he never promised rs al
legged.
The following form, with the com
mencement aforesaid, shall be sufficient
in actions or deeds or other contracts:
10th. That the alleged deed is not hit
deed.
4lst That at the time of the making
the alleged deed, the defendant WAS anC
still is within y years OF age.
42d. That at the time of the making
OF thenlleged deed the defendant WAS and
still is the wife of one W. T., and executed
the same without the consent of her said
husband.
43d. That the defendant was nnlaw.
July imprisoned by the plaintiff and
others in collision with him, until by
duress OF imprisonment he made the al:
legged deed.
.44th That the alleged deed was pro-
cured by the fraud of the plaintiff.
45th. That the plaintiff threatened the
life OF the defendant unless he would
make the alleged deed, and that from lear
OF the threats he made the same.
46th. That after the sealing and deliv-
cry OF the alleged deed it was without the
consent ofthe defendant altered, and the
words <insert them we're inserted and
substituted therein for the words Gnsert
them).
47th.-That the defendant delivered
the alleged deed to one A. T. as an es
crow, on condition that Estate the condi
tom, then the said A. F. should deive,
the alleged deed to the plaintiff HI The
deed Of the defendant, and the plaintiff
has not performed the condition.
4Sth.-That the alleged cause of action
did not accure within .... years Estate
the period of limitation applicable 10 the
case before the suit
49th THAT before this action he salts
fed and discharged the plaintiffs claim
by payment.
5Uth.-That the plaintiff is indebted tc
the defendant in an amount equal to the
plaintiffs claim, for insert the cause OF
set-otf as in declaration), which amour,
the defendant is willing to set of against
the plaintiffs claim.
5lst. That after the alleged claims &C.
crued, and before suit, the plaintiff, by
deed, released the defendant tlierefrom.
SD. That at the district court fol-
county, ........ term, the plant
1T recovered judgment against the de-
PENDANT for the sum of $......, and
&c.. for costs; and that judgment was
rendered on the same cause of action
mentioned in the plaintiffs declaration
and is still subslsting judgment. o
FORMS OF PLEAS IN ACTIONS FOR WRONGS
SD. That he is not guilty of the
wrong alleged.
54th. That he did what il compliance
OF by the defendants leave.
both. That the plaintiff was not emit
tied to the said way over the defendants
lands as the plaintiff has alleged,
56th. That the plaintiff first assaulted
him ; and he committed the alleged as
sault in his own defense.
57th. That the defendant, at the time
OF the alleged trespass, WIS possessed OF
land called "Idlewild," in. 49,. county
and WAS entitled to way from said land
over the land Of the plaintiff, to q public
highway, forhimself and his servants, with
horses and wagons, to 20 aud return at
all times, at his and their free will, 70,
the more convenient occupation OF the
said land OF the defendant; and that the
alleged trespass was a'use by the defend
ant Of said way.