Hapgood v. Houghton

Decided October 5, 1829

Massachusetts Supreme Judicial Court · decided 1829-10-05

Assumpsit for the board of Susan Grout, the defendant’s testatrix, from June 1, 1821, to April 29, 1824. The defendant pleaded, 2. that the testatrix devised to the plaintiff and his wife twenty-five acres of land in lieu and in satisfaction of his demand ; that the will was proved ; and that after the probate of the will the plaintiff accepted the land so devised. 3.

Decided 1829-10-05

Per Curiam.

¶1The replications to the second and fourth pleas are unquestionably good, both containing a direct denial of the principal traversable fact set forth in the pleas, and be ing in good form.

¶2As to the protestation and the averment being contradictory or inconsistent, we know of no such ground lor sustaining a demurrer.

¶3As to the third plea, the replication is suited to it, and the issue tendered should have been joined, instead of pleading further by a rejoinder ; in which there is a palpable departure, as well as refusal to take issue upon the traverse.