Abraham Parker vs. Manuel Lisa
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is authorized to pay the proportions reported. âaâ

11. In said plea does not state that said Defendant hath
paid the assets in her hands to the Creditors named in said
pretended report.â

12. The said plea admits assets to a greater amount there
the plaintiffs demand.

13. The said plea admits negligence which in the foundation
of this suit and does not protect the Defendant in not
requesting the auditors to act before the commencement of
this suit unless they were appointed afterwards and in that
case he has been guilty of negligence.â

14 Because said plea is double in this, that it states first
that the Estate of said George DruillardGeorge Druillard is insolvent, secondly
that it was insolvent, thirdly, the appointment of auditors
fourthly, that he has no assets, & fifthly that he has
fully administered and contains several distinct matters which
cannot be joined in the same pleas â

15. The said Defendant cannot plead of assets after
the Jury have found assets in his hands, and the Judge-
ment of the Court in the first action still is in full force
unsatisfied and not appealed from or reversed.â

16. The said plea which states he has fully administered
cannot be received after judgment against the administrator
and assets sufficient to pay said judgment found by the Jury
without showing that debts of a higher degree and privilege
to the plaintiff against the Estate have exhausted their
assets and due diligence in the Defendant in setting the

17. That said plea is not issuable wants form is
contradicting and uncertain.â

EEdward Hempstead . HempsteadEdward Hempstead