Reports of Cases Argued and Adjudged in the King's Courts at Westminster. [1742-1774], Volume 3

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General Books, Mar 6, 2012 - 184 pages
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1799 Excerpt: ...if the same had been personally demanded by the said Ellen, according to the true intent and Forpiei meaning of the said deed-poll; for plea in this behalf the said fays, that Philips fays, that the said Ellen did not on the said eth day of the plaintiff April in the said year 1763, or on any other of the days hereinfcnaliy'der bdoxe mentioned, whereon the fame annuity, or any part thereof, mand the is made payable as aforesaid, personally demand, nor hath at annuity at any time since all or any of the said several and respective days ant't'houfc personally demanded the said annuity of 40/. above supposed to be due, in arrear aud unpaid to her as aforesaid, or any part thereof, thereof, at the said mansion-house of him the said Philips, situate in Ipswich aforesaid, according to the true intent and meaning of the said deed poll, that is to fay, at Islington aforesaid in the said county of Middlesex; and this he is ready to verify, wherefore he prays judgment if the said Ellen ought to have Ot maintain her said action thereof against him, &c. And the said S ond pt," Philips for further plea by leave of the court, W fays, that the fDtiB did said Ellen ought not to have or maintain her said action against not demand him, because protesting that the said Philips on the said $th day of the nnui: y April 1763, and continually from thenceforth hitherto, was ready the deseodand willing to have paid to the said Ellen the said annuity of 40 /. anc above demanded, if the same had been personally demanded by the said Ellen, according to the true intent and meaning of the said deed-poll; for plea "in this behalf the said Philips says, that the said Ellen did not on the said $th day of April 1763, or on any other of the days hereinbefore mentioned...

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