Demurrer to a bill for an injunction-for want of equity-want of proper parties, and because the bill seeks a discovery, which may create a forfeiture.

The Demurrer of E. F. and G. H. defendants, to the bill of complaint of A. B. and C. D. complainants.

These defendants by protestation, not confessing all or any of the matters in the said bill to be true, in manner and form as the same are therein contained and set forth, for answer to the complainant's said bill, these defendants do demurr in law, and for causes of demurrer these defendants say, and to the court shew, that in case the allegations in the said bill contained, were true, as therein set forth, which they do not admit, the same bill contains not any matter of equity whereon to sustain such writ of injunction as is sought and prayed for in and by the said bill, nor any matter of equity whereon this court can give to the complainant any relief as against these defendants. And for further cause of demurrer, these defendants likewise say, and to the court here shew, that according to the complainants' own shewing in and by their said bill of complaint, these defendants are lessees in possession of the premises in the said bill mentioned, and respecting which premises and the possession thereof, the bill seeks relief in this court and under one M. D. widow, for a term derived from her and which is not yet expired. Nevertheless the said M. D. widow, the lessor of these defendants, is not made party either complainant or defendant to the said bill, nor any reason assigned why she is not.

And as to so much of the complainants' said bill of complaint as charges these defendants with, or seeks discovery from these defendants of their having committed waste of or upon the premises in the said bill of complaint mentioned and described, to the disherison of the complainants, or any of the matters relating thereto in the bill stated, these defendants further by protestation not confessing or acknowledging any of the matters and things in the said bill contained, relating thereto to be true, as therein stated, do demur in law, and for cause of demurrer in this behalf say, and to the court here shew, that they ought not to be compelled to discover or set forth any matter or thing, which would subject them to a forfeiture, or penalty, or any loss in the nature of a forfeiture or penalty, and particularly to a loss of their said estate and term for years, in the premises in the

bill mentioned, unless the complainants being competent so to do, shall dispense with such forfeiture and penalty and waive the same in and by their said bill, which the complainants in their said bill have not done, nor offered to do. And therefore, and for divers other causes of demurrer in the said bill appearing, of the complainants own shewing, these defendants do demur to the said bill, and demand the judgment of this honorable court, whether they ought to be compelled to make any other or further answer thereto, and humbly pray to be hence dismissed, with their costs and charges in the law most wrongfully sustained.

Interrogatories for examining of witnesses for proving of a deed and bond, and other matters, relating to an estate in posseseion of the defendant.

Interrogatories to be exhibited to witnesses, to be produced, sworn and examined in a certain cause depending and at issue in the court of chancery, wherein A. B. is complainant, and C. D. defendant, on the part and in behalf of the said complainant, as follows :

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1. Whether do you know the parties, complainant and defendant, in the title of these interrogations above named, or either and which of them? and whether did you know E. F. late of county of gentleman, deceased? And if yea, for how long did you know him, and when; and how long since did the said E. F. depart this life? set forth, and according to the best of your knowledge, remembrance and belief herein, fully and at large declare.

2. Did you see the parchment, deed or writing, now produced, and shewn to you at the time of your examination, marked letter G. signed, sealed, and delivered, and by whom? And whether is your name and the name or names of the other person or persons, set as subscribing witnesses thereto, of your and their respective hand-writings, and whether was the consideration money mentioned in the said

produced deed or writing, paid or satisfied, and when, and by whom, and to whom? set forth and according to the best of your knowledge, remembrance and belief herein, with the reasons and dircumstances thereof, fully and at large declare.

3. Do you know the lands and premises in the parchment deed or writing now produced and shewn to you, or any and what part there-. of? If yea, whether is the defendant C. D. in the receipt of the rents and profits thereof, or of any, and what part thereof, or who is in possession thereof, or in the receipt of the rents and profits? Hath the said defendant been in the possession thereof since the said E. F.'s death? If yea, when did he take possession thereof, and when did he quit the same, and whether does the same defendant claim or pretend any, and what right and title thereto, or to any, and what part thereof, and by and under whom, and in what manner, and by what means, and how? set forth according to the best of your knowledge and belief herein, and the particular reasons and circumstances thereof fully and at large declare.

4. Did you see the bond or the paper writings now produced and shewn unto you, at this time of your examination, marked letter G. signed, sealed, and delivered, and by whom; and whether is your name, and the name or names of the other person or persons, set as subscribing witnesses thereto, of your and their respective bandwritings? and whether was the money, mentioned to be secured by the said produced bond or paper writing, paid and satisfied, and by whom, and to whom, and when, and how, and in what manner? Did the defendant by himself or any other person make application to the complainant to advance and lend G. deceased, the obligor on the said bond, any sum or sums of money? If yea, when, and by whom, and to whom, was such application made, and by whose order? set forth, according to the best of your knowledge and belief herein, and the particular reasons and circumstances thereof, fully and at large declare.

5. Was it at any time, and when, agreed by G. deceased, the obligor in the bond in the preceding interrogatory mentioned, and how and in what manner, that the said bond or money thereby intended to be secured, should be a charge or chargeable upon or secured by any and what lands or estate? set forth what you know or believe herein, and the particular reasons and circumstances thereof and relating thereto, fully and at large declare.

6. Is there any other matter or thing which you know or believe to be necessary or material for the complainant to prove in this cause?

If yca, set forth the same, and the particular reasons and circumstances of such your knowledge and belief thereof fully, and at large

declare.

Interrogatories for the examination of witnesses, on behalf of a defendant, for proving the execution of bonds, and money lent upon securities, Sc.

Interrogatories to be administered witnesses to be produced, sworn and examined on the part and behalf of C. D. one of the defendants, to the original bill of A. B. complainant.

1. Do you know the parties, complainant and defendant, or any and which of them, and how long have you known them, or any and which of them? Declare the truth and your knowledge therein.

2. Did you know

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in the county of deceased, and how long did you know him before his decease, and when, or about what time, did the said die? Declare the same as you know, or have been credibly informed and believe.

3. Were the bonds or writings now showed unto you, and marked with the letters, A. B. C. D. E. F. or any, and which of them, signed, sealed and delivered in your presence, and by whom? Were you a witness to the signing, sealing and delivery of such bond or bonds, or not? Is your name subscribed as a witness to the same, of your own proper hand-writing, or not? Are you acquainted with the character or hand-writing of the other subscribing witness or witnesses to the said bond or bonds, or any and which of them? Do you know their names subscribed thereto to be of their own hand-writing or not? Declare all that you know, or verily believe concerning the same.

4. Do you know of any, and what sum or sums of money, that was or were lent and paid by the defendant or by any person

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or persons by his order, or on his account, to the said his life-time, or to any other person or persons to or for bis use, as a consideration for entering into, and executing any and what bond or bonds, or judgment, or other and what security or securities, to the said and when was the same lent, or advanced and paid? acknowledge or declare any

or have you heard the said thing, and what concerning the money due from the said to you, or to any and what other person or persons, on any and what

bond or bonds, bills, notes, or any and what other security or securities, or account? If yea, set forth the particular time or times when the same was or were paid? Declare all that you know and have been credibly informed, and believe, concerning the same, with the reasons and circumstances which come under your belief.

6. Do you know of any, and what promise or offer, that was at any time or times, and when and how often, made by the defendant or by any person or persons, and whom by name, by his order or direction, or for or on his behalf, to the complainant to pay off, satisfy and discharge, any and what mortgage that was made by the said in his life-time, to the said complainant of any and what estate, in or near the town in the said county of formerly the estate of deceased? If yea, did the said complainant accept of, or refuse, or repel such offer or promise; or what did he say, or pretend to insist upon, at the time or times of such offer or promise? Declare all that you know, or have been credibly informed and believe, concerning the matters inquired after in this interrogatory, with the reasons and circumstances which come under your belief.

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7. Do you know of any, and what bond, that was entered into and executed by the said in his life-time, for the payment of the sum of money to the complainant? If yea, were you not present when the said bond was executed, and did you see any and what sum of money advanced, and paid to the said or any person,

and whom, by his order or for his use, either before, or at, or after the execution thereof, as, or for the consideration of the said bond? Declare all that you know concerning the same.

8. Do you know of any other matter or thing, or have you heard, or can you set forth, any thing touching the matters in question in this cause, that may tend to the benefit and advantage of the defendant besides what you have been before interrogated unto? If yea, declare the same fully and at large, as if you had been there unto particularly interrogated.