Williams v. Wann ex rel. Lewis

George Wann, suing for the use of Nathaniel Lewis, commenced an action of debt in the Fayette Circuit Court against Thomas Williams and Amos Chapman, upon a promissory note. Pleas, 1. Nil debent; 2. Payment; 4. No title to the note sued on. The following is the third plea: “And for a further plea in this behalf the said defendants say actio non, because they say that the said Nathaniel Lewis, for whose use this suit is prosecuted, was never in esse, and this they are ready to verify, wherefore they pray judgment,” &c. Issues of fact were formed on the 1st, 2d, and 4th pleas, and to the 3d…