Evans v. Southern Turnpike Co.

The Southern Turnpike Company sued Richard Evans upon a subscription of stock. A copy of the articles containing his subscription was filed with the complaint. Evans answered by general denial under oath. Trial by the Court, judgment for the plaintiff, over a motion for a new trial overruled.

Non est factum was the general issue at common law in actions on bonds, and its office was to put in issue the execution of the deed sued on. It was not necessary that the plea should be verified.. In Indiana, the term, non est factum, is and has been applied to all pleas, answers, and replies that deny…