thereof, was and is by a pretended sale thereof made on the day of

by said C D to the said plaintiff;

And defendant alleges upon his information and belief that said C D was in possession and had control of the property so sold at the time of such sale; and such sale was not accompanied by an immediate delivery of the property so sold, nor was it followed by an actual and continued change of the possession thereof, or of any of it; and said sale was made by said C D, and was received by the plaintiff, to hinder, delay and defraud the creditors of said C D, and the plaintiff in the action in which said judgment was rendered, who was at the time of said pretended sale, a creditor of said C D, on the claim and demand sued on in said action against him;

That said C D has no property in said county of other than said goods and chattels mentioned in the complaint, out of which said judgment can be satisfied; [or state any other facts which show that such sale was fraudulent] defendant denies that the goods and chattels mentioned in the complaint were ever of the value of — dollars, and denies that they were ever of any greater value than dollars; and defendant denies that

dollars; and

plaintiff has sustained damage in the sum of denies that plaintiff has sustained any damage whatever. WHEREFORE defendant prays judgment that plaintiff take nothing by this action, and that defendant have and recover his costs of suit.

I J,

Attorney for Defendant.

If the property sued for had been taken from the possession of the sheriff under the provisional remedy of claim and delivery, such fact should be alleged in the pleadings, and the demand for judgment should be as in form No. 153.

FORM NO. 159.

ANSWER TO VERIFIED COMPLAINT IN EJECTMENT.

[Name of Court.]

The defendant, answering the complaint in this action, denies that plaintiff was at the commencement of this action, or has been since, the owner of the real property described in the

complaint, and sued for in this action, or of any part thereof, or of any estate or interest therein; [deny other material allegations of the complaint which the defendant knows, or believes upon his information to be untrue] defendant denies that plaintiff has sustained dollars damage, or any damage whatever. WHEREFORE defendant demands judgment that plaintiff take nothing by this action, and that defendant have judgment for his costs of suit.

of

The defendant answering the complaint in this action, and as a defense thereto, alleges that the plaintiff did not pay [or tender] [or offer in writing to pay] to the defendant the sum dollars, alleged in the complaint to have been by plaintiff paid, [or tendered] [or offered in writing to be paid] or any part thereof, a part of the purchase money agreed to be paid by plaintiff for the [describe the property mentioned in the complaint in the action] and plaintiff has never been able, ready or willing to pay the same. [Deny as in form 156, damage if any

be alleged.]

WHEREFORE defendant demands judgment that plaintiff take nothing by this action, and that defendant have and recover his costs of suit.

I J.

Attorney for Defendant.

In an action for the specific performance of a contract, the defendant should, in his answer to the complaint, deny such material facts alleged in the complaint which the defendant knows, or believes on his information to be untrue; and should allege other facts which are true, and which would show that the plaintiff ought not to recover a judgment in the action, or ought not to recover such a judgment therein as is demanded.

A defendant in an action may, in addition to the part of the answer which controverts allegations of fact contained in the complaint, and to his other defenses therein, allege in his answer as a counter claim:

First. A cause of action arising out of the transactions set forth in the

complaint as the foundation of the plaintiff's claim, or connected with the subject of the action. In California, if he fail to set forth such counter claim in his answer, neither he nor his assignee, can afterwards maintain an action against the plaintiff therefor.

Second. In an action arising upon a contract, he may allege any other cause of action also arising upon contract, and existing at the commencement of the action, which he has against plaintiff.

If there be a counter claim set out in the answer, the defendant should demand judgment thereon.

FORM NO. 161.

ANSWER SETTING FORTH A COUNTER CLAIM ARISING OUT OF THE TRANSACTION OUT OF WHICH THE ACTION IS BROUGHT.

[Name of Court.]

[After denials and the allegations of facts which constitute defenses in the action, if any, continue:]

Answering [or further answering] in the action, and by way of counter claim, defendant alleges;

That the promissory note sued on in this action was given by the defendant for a band of cattle purchased by the defendant from the plaintiff on or about the day of; and the plaintiff on said purchase by the defendant warranted that said cattle were sound and free from disease; but the said cattle were not then sound nor free from disease, but some of them were diseased with the Texas fever, which is contagious; that the defendant had no knowledge or notice at the time of said purchase that any of the cattle of said band of cattle so purchased were diseased with said disease, or with any disease;

That the defendant at the time of said purchase was the owner of a band of cattle of about head, with which he intended to have the cattle so purchased to run, and of this plaintiff had knowledge at the time of such purchase;

That before defendant had any knowledge that any of the cattle he purchased from plaintiff were so diseased, he permitted the cattle he purchased to run with the band of cattle he owned when such purchase was made; by reason of which many of such cattle which he owned at the time of said purchase became diseased with said Texas fever, to defendant's damage,

dollars:

That said cattle, so purchased, were at the time of said purchase, by reason of said disease, of much less value than they would have been if not so diseased, and defendant sustained damage thereby in the further sum of dollars.

WHEREFORE defendant demands judgment that plaintiff take nothing by this action; and that defendant recover from plaintdollars; and defendant's costs of suit.

iff

I J,

Attorney for Defendant.

FORM NO. 162.

COUNTER CLAIM IN AN ACTION FOUNDED ON A CONTRACT.

[Name of Court.]

[State other defenses, if any, to the action, and then continue:]

Defendant answering [or further answering] the complaint in this action, and by way of counter claim alleges:

for value to one E F, plaintiff's promissory note, of which the following is a copy: [Insert]

That on the - day of

II.

and before this action, said E F for value sold, endorsed, transferred and delivered said. promissory note to defendant, and defendant has never sold, endorsed, transferred or delivered the same to any person, and defendant is the owner and holder thereof;

III.

That said promissory note was due before and at the commencement of this action, and is wholly unpaid.

WHEREFORE defendant demands judgment for

lars; and defendant's costs of suit.

dol

I J

Attorney for Defendant.

The statement of facts in a counter claim should be similar to what such statement should be, if an original action were brought thereon by defendant against the plaintiff.

In California, and in some of the other code states, whenever the defendant seeks affirmative relief against any party relating to, or depending upon the contract or transaction upon which the action is brought, or affecting the property to which the action relates, he may in addition to his answer, file at the same time, or by permission of the court, subsequently, a cross-complaint, which must be served upon the parties affected thereby; and such parties may demur or answer thereto, as to an original complaint.

In New York there is no code provision for such cross-complaint, and appropriate relief can be obtained under a proper demand for such relief, on the statement of facts in the answer, by way of a counter claim, which would entitle the defendant to such relief.

FORM NO. 163.

CROSS-COMPLAINT IN AN ACTION OF EJECTMENT.

[Name of Court.]

The defendant as a cross-complaint in this action alleges that on the day of, A B, the plaintiff in this action, was the owner of the premises which are described in the complaint in this action, and are sued for therein; and said. plaintiff has a title thereto; and which premises are described as follows, namely: [Describe the real estate] and on that day the defendant made a written contract with said plaintiff in this action, and in and by said contract the plaintiff sold to the defendant said premises, and defendant purchased them from said plaintiff for the sum of dollars, which said plaint

iff agreed to receive, and the defendant agreed to pay plaintiff therefor, to be paid as follows, namely:

dollars thereof at the time of the making of said contract, and [state the times of other payments under said contract]; and plaintiff agreed that the defendant should have. under said contract of sale and purchase the immediate possession of said premises; and that on the full payment of said purchase money plaintiff agreed to make to the defendant a deed, conveying to him said premises in fee;

II.

dol

That on the making of said contract of sale, the defendant paid to plaintiff under said contract said sum of lars, the first agreed installment of payment for said land, and plaintiff put the defendant in the possession of said premises as such purchaser thereof; and defendant has ever since been in possession thereof under said contract of purchase, and has