I herewith send you the draft of a plea for our case. By consultation with Judge Logan, I draw it in the form I do, to compel Lane, in order to get round it, to reply that the case has been brought to, and reversed & remanded by the Supreme court, upon his doing which, you join issue with him, and that will compel him to pay the cost in the Supreme court in order to get the Record to prove his replication with. If I were to set out the whole facts in a plea in abatement, we should have to pay the Supreme court cost, in order to get the record to prove the plea with. This we wish to avoid. This, that I send, is a plea in bar. You will, of course, put in all and all manner, of other pleas in bar---particularly as to lapse of time. Yours, as ever--- A. LINCOLN
Dorman & wife ads Lane, admr. &c} Petition to sell real estate---
And the said defendants come and defend, when, where &c. and say, that the said Petitioner to have and maintain his petition, or to have the prayer thereof granted, by said court, ought not, because they say, that heretofore towit, on the day of A.D. the said petitioner filed his petition in this court, against these defendants, praying an order for the sale of the identical same land, for the purpose of paying the identical same debt, as in the petition herein; and that such proceedingsPage 371 were had on that petition, that at the term of said court, the final order was made by said court, directing the sale of said land, for the object in that petition stated---and this the said defendants are ready to verify; wherefore they pray judgment &c.