Page:The English Reports v1 1900.pdf/1087

out a common capias in the Court of Common Pleas against the respondent Katherine, tested the same 29th of November 1731, and returnable the first return of the then next Hilary term, for recovery of his debt, which was served upon her on the same day; and in Hilary term 1731, Joseph Grove, since deceased, and represented by the appellant Elizabeth Grove, and the appellants Glover and Voght, and the other appellants, Crowley and Nightingale, sued out their writs against the respondent Katherine, returnable at some of the returns in that term, [470] which were never formally served upon her; but on being acquainted therewith she ordered her attorney to file common bail.

In the same term the appellants Veal, Victorin, Hayford, John and Bearcroft Berdoe, Greaves, Hardwell, Rutland, Godfrey, North, John Fell the elder, and John Fell the younger, with several other creditors, filed their bill in Chancery against the respondent Katherine, for satisfaction of their demands out of her testator's assets, and to subject his real-estate to the payment of his debts, according to the directions of his will. So that, by the first term after her husband's death, she had suits commenced against her in law and equity to the amount of £100,000.

Mrs. Morice appeared to all these actions, and also to several other actions which had been brought against her by others of the creditors, upon the return of the several writs; and declarations having been delivered, and rules to plead given, she was under very great difficulties how to plead to these actions, so as to prevent any hazard of being charged out of her own estate, the decrees obtained against her not being pleadable at law. She was therefore advised as the most safe way to plead to all the several actions, by way of special plene administravit, that there were such and such specialties; and that she had not in her hands, at the time of the several actions brought, assets beyond £1000, and immediately to file her bill in Chancery, stating the whole circumstances of her case, and praying the directions, indemnity, and protection of that court.

This plea running to a very great length, being above 250 sheets of paper, and it being necessary to put in the same plea to every one of the actions, it was impossible for the respondent Katherine to get these pleas ready prepared and ingrossed, in order to be delivered within the time limited by the common rules of the court, which is but four days after the declaration delivered; and therefore, on the 27th of January 1731, she moved the Court of Common Pleas, in the action wherein the appellant Henckell was plaintiff, for enlarging the time to plead, upon an affidavit, stating the number of actions, and that her testator's affairs were on his death found involved in the greatest disorder and confusion, insomuch that she had not been able to settle or reduce the same to any certainty, either as to his debts, or the natures and kinds thereof, or what the amount of his effects would be; and that there had already appeared debts to greatly more than £100,000, which his assets then come to her hands would fall short of. And upon this motion, the court gave her a week's time to plead. And in the several other actions wherein the appellants Snelgrave, James Pearce, and John Dagg, and the said Jeremiah Pearce, were plaintiffs, the respondent Katherine had the like time given her to plead, as in Henckell's action; but she was to plead issuably, and accept notice of trial in that term and in two other of the actions, wherein the Governor and Company of the Bank of England and Thomas Grosse were plaintiffs, the respondent likewise had time to plead on the [471] same terms; but in these two last-mentioned actions, she was, by consent, not to confess judgment in that or any other court, for any demand of the same or the like kind with the plaintiffs in those actions.

On the 6th of February 1731, the respondent Katherine pleaded to all the said several actions, bonds, and specialties, owing by her testator, to the amount of £15,000, and that she had only £1000 assets to pay and upon this plea, the plaintiff's in the said actions, except the Bank, took judgment out of assets, when they should come to her hands and all the appellants who took such judgments signed their interlocutory judgments, as of Hilary term 1731, except. Crowley and Nightingale, who did not sign their judgments till Trinity term 1732, and White and Massey, who did not sign their judgments till Hilary term 1733.

The appellant Henckell, on the 7th of February 1731, took judgment of assets quando acciderint, which was then signed and entered up, and the 9th of the same