Sims v. Lyle
U.S. Circuit Court for the District of Eastern Pennsylvania
This case came on upon bill and plea. The former states that Nicklin and Griffith, being indebted to the plaintiff in the sum of. $21,-7G2, Griffith, the surviving partner, for the purpose of securing the said debt, did, by two instruments executed the 20th of April, 1807, covenant to convey to the plaintiff Certain lands, to be disposed of at the end of five years if the debt should not then be paid, and also the interest of Nicklin and Griffith in the cargo of the Triton;…
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This case came on upon bill and plea. The former states that Nicklin and Griffith, being indebted to the plaintiff in the sum of. $21,-7G2, Griffith, the surviving partner, for the purpose of securing the said debt, did, by two instruments executed the 20th of April, 1807, covenant to convey to the plaintiff Certain lands, to be disposed of at the end of five years if the debt should not then be paid, and also the interest of Nicklin and Griffith in the cargo of the Triton; in consideration whereof, the plaintiff covenanted that he had not, and would not, employ any legal process to affect…
1Opinion of the Court
WASHINGTON, Circuit Justice.
The ground of the present motion is, that the plea does not admit or deny all the allegations stated in the bill; and therefore an answer to that extent is so indispensable that the court must overrule the plea, whether the matter pleaded amount to a bar or not.
The court can by no means accede to this proposition. The practice of the courts of equity is quite otherwise. A plea, being nothing more than a special answer to the bill, setting forth and relying upon some one fact, or a number of facts, tending to one point, sufficient to bar, delay, or dismiss the suit,…
2Cited by2 opinions
- Huntington v. LaidleyU.S. Circuit Court for the District of Western Virginia · 1897
- Rhino v. EmeryU.S. Circuit Court for the District of Southern Ohio · 1897