to a rejoinder, 729.

joinders in

joinder in demurrer to a declaration or replication in assumpsit, 750.
the like in other actions, 730.

joinder in demurrer to a plea in abatement, 730.

[730, 1.

joinder in demurrer to plea in bar in assumpsit, debt, covenant, &c.
joinder in demurrer to a plea in bar in replevin, 731.

DESCENT,

title by, pleaded, 262.

DE SON TORT DEMESNE-(see title " De Injuria.")

DETINUE,

declarations in, 284 to 286.

detinue and debt, 286.

plea, general issue non detinet, 543.

DEVISE AND DEVISEE-(see title " Will.")

devise in fee simple pleaded, 280.

declaration against devisee and heir, 209.

plea by devisee, rien per devise, 521.

DILAPIDATIONS-(see titles "Landlord and Tenant," " Covenant and

case for, against executors of deceased rector, 392.

DISCLAIMER OF TITLE,

plea of in trespass, 570.

DISCONTINUED SUIT,

determination of a suit by, pleaded, 295,

DISTRESSES,

declarations respecting,

case for illegal distresses, 333 to 343.

for double value of goods, no rent being in arrear, 333.

for distraining beasts of the plough, 334.

declarations respecting,

case for illegal distresses,

for distraining for more rent than was due, 335. a.

for an excessive distress, 336.

for driving distress out of hundred, 337.

[Waste.")

DISTRESSES (continued.)

for impounding distress off premises, and not giving notice, 537, 8.
for refusing to re-deliver goods on tender, 338.

for selling goods within the five days, 339.

for not removing goods after the five days, 340.

for not selling for best price, 341.

for not leaving overplus in the hands of the sheriff, &c. 342.

rescue of cattle, &c. distrained for rent, case for, 343.

pound-breach of cattle distrained for rent, case for, 345.
rescue of cattle, &c. distrained damage-feasant, 345.
pound-breach of cattle distrained damage-feasant, 346.
trespass for taking a distress, 425.

avowries and cognizances respecting (see title "Replevin,") 560 to 567.
pleas in bar in trespass respecting, 595 to 597.

DISTURBANCE,

of rights of common, 400 to 405.

of rights of way, 405 to 408.

of

of franchises, &c. 409.

EJECTMENT-(continued.)

on demises by tenants in common, &c. 448.
by bill in K. B. 449.

in the Exchequer, 450.

on a vacant possession, 450.

plea, not guilty in, 637.

trespass for mesne profits and costs after recovery in, 435.
ENROLMENT,

of specification pleaded, 366, 7.

ENTRANCE MONEY,
assumpsit for, 75.

pleas in,

[titles.)

pleaded (see "Title Pleaded," and the Analytical Table and respective
sold, assumpsit for, 57, 8.

assumpsit, for not making title or abstract, or conveyance on sale of, 165.
ESCROW,

delivery of bond as, 510,

ESTOVERS (see title "Common.")

declarations and pleas relating to, 404, 617.

ESTOPPEL,

replications of,

in abatement, 639.

in bar, 641.

EVICTION,

plea of to debt for rent, 534.

in bar in replevin, 682.

replication, denial of, 672.

EXCESSIVE DISTRESSES-(see title "Distresses.")

EXCISE, OFFICER OF,

notice of action to, 4.

EXCHANGE OF HORSES, &c.

assumpsit to pay money upon, 123.
upon a warranty on, 141.

EXCHEQUER, COURT OF,
form of declaration in, 20.
debt on judgment of, 232.

process out of, pleaded, 646.

declaration at the suit of one of side clerks, 31, 64.

580

EXECUTORS--(continued.)

the like with award of inquiry, 662.
rejoinders by and against,

in assumpsit,

that no assets have come to hand since issuing the writ, 711.
that the judgments against defendant were fairly obtained, 711.

EXTRA VIAM-(See title "New Assignment.")

FACTOR,

assumpsit by, for commission, &c. 71.

FALSE CHARACTER,

case for giving of, 326.

FALSE IMPRISONMENT-(See title "Malicious Prosecution.")

declarations for,

specially, 423.
generally, 424.

FALSE RETURNS-(See title "Sheriff.")

case for, to mesne process, non est inventus, 351.
case for, to final process, nulla bona, 352, 4.

FARRIER,

assumpsit against, for badly shoeing horses, 154.
FEES,

assumpsit for, 65 to 69.

by an attorney and solicitor for various descriptions of business and

as a clerk in Court in Exchequer, 64.

[for journeys, &c. 65.

by one of the sixty clerks in the Court of Chancery, 65.

by a proctor, 66.

by an agent against another attorney, 66.

by a sheriff's officer, or bailiff, &c. 67.

by a steward of a court baron, 68.

by a witness, 68.

FEE SIMPLE (See titles" Copyhold,"" Fee Tail,” and Analytical Table.)
seisin in fee in possession pleaded of different property, 249, 250.

of husband and wife, 250.

of the king, or a corporation, 251.

in reversion, 258.

in severalty, 259.

in jointenancy, 260.

coparcenary, 260.

tenancy in common, 261.

FEIGNED ISSUE,

assumpsit on to try existence of a modus; bankruptcy, &c. 116.

FEME COVERT-(See title " Husband and Wife.")

appearance and defence by, 455.

plea of coverture of, when plaintiff, 462.

the like when defendant, 462.

coverture in bar in assumpsit, 472.

FENCES,

declarations for not repairing of, 394.
pleas of defect of fences,

in trespass to real property, 605.

in bar to avowries for distresses damage-feasant generally, 683, 5.