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Browsing: Legal Papers of John Adams, Volume 1


This foot note contained in document ADMS-05-01-02-0006-0004-0001
4. See the pleadings in both courts and the Inferior Court judgment, in SF 142299. Adams' plea of not guilty in the Inferior Court was probably an informal one designed to implement the sham demurrer which was evidently intended. See p. xlvi above. The plea was in general use for real actions in Massachusetts, and thus would arguably have been proper in partition. See Joseph Story, A Selection of Pleadings in Civil Actions 333 (Salem, Mass., 1805). In this case, however, it might have been subject to the logical flaw that it seemed to deny the refusal to partition. JA 's Superior Court plea was in literal translation, “non tenent insimul,” a proper plea in partition. See 5 Comyns, Digest 274; Coke, Littleton 167; compare 6 Dane, Abridgment 491.