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Fraudulent Devises Act 1691
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V.Upon Riens per Descent pleaded, Jury to inquire of the Value of the Lands; otherwise, if Judgment by Confession, for Debt and Damages.
Provided always and be it further enacted by the authority aforesaid That where any Action of Debt upon any specialtie is brought against any Heir he may plead Riens per Discent att the time of the Original Writ brought or the Bill filed against him any thing herein contained to the contrary notwithstanding and the Plaintiffe in such Action may reply that he had Lands Tenements or Hereditaments from his Ancestor before the Original Writ brought or Bill filed and if upon Issue joyned thereupon it be found for the Plaintiffe the Jury shall enquire of the value of the Lands Tenements or Hereditaments so descended and thereupon Judgment shall be given and Execution shall be awarded as aforesaid but if Judgment be given against such Heir by Confession of the Action without confessing the Assets descended or upon Demurrer or Nihil dicit it shall be for the Debt and Damages without any Writ to enquire of the Lands Tenements or Hereditaments so descended.
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