Clark v. Faulkner

Declaration in debt. Defendants pleaded, that after the commencement of the action, the plaintiff, by his writing obligatory,had released to the said defendants the debt in the declaration mentioned, together with the interest that had accrued thereon and the costs of suit; which release they could not produce in Court, it having been lost and destroyed hy accident. The plaintiff replied, that the release was not lost and destroy*219ed, as the defendants had pleaded; protesting that he had never executed said release. The Court rejected the replication, because it was not sworn to; and gave…