
    Andrew Filler against John Harmon.
    Demand of security for a debt from a freeholder need not be in writing, and when the plaintiff has sworn to such demand, a counter affidavit of the defendant will not be received.
    Motion to abate a writ o£ capias ad respondendum issued against a freeholder.
    Mr. Thomas showed by the oath of the plaintiff,
    that he had demanded of the defendant to give either real or personal security for the debts, and that he had refused so to do, previous to issuing the process.
    Mr. Leib offered the oath of the defendant,
    denying such demand.
   Sed pro quer.

We cannot receive such counter-affidavit, under the act of assembly, passed 20th March 1724-5. Dall St. Laws, 225. It is analogous to a question of bail, (2 Stra. 1757. 1 Wils. 888. 2 Burr. 2017. 1 Term Rep. 717) in the king’s bench, where when the affidavit of a debt is positive, no contradictory proof is permitted to be given. Neither is it absolutely necessary, though it may be prudent to make such demand in writing under the act.

Motion denied.  