And the said John M. Ferris Administrator &c, as aforesaid comes and defends &c, And says because he says that the said while he remained administrator De Bonis Non of the Estate of the said Joseph Smith deceased left unadministered upon the removal of late Administratrix of the Estate of the said deceased— did fully administer all & singular the goods and which were of the said Joseph Smith deceased at the time of his death, and which [illegible] [are?] come to the hands of the said as such Administrator D. B. N. to be administered. And that he the said defendant has never received any goods or chattles when of the estate of the said Joseph Smith deceased at the time of his death— and that he the said defendant hath not now, nor on the day of the commencement of this suit or at any time since had any goods or chattles which were of the said Joseph Smith deceased at the time of his death, in the hands of the said defendant as Administrator D. B. N. as aforesaid. And this the said defendant is ready to verify— Wherefore he prays Judgment &c—

And as a further plea in this behalf the said defendant says Actio Non because he says that one year has not elapsed since letters of Administration were granted to him on the Estate of the said deceased. And this he is ready to verify wherefore he prays Judgment &c—