Rogers v. Eason

Belt., Justice.

1. No person shall in his plea or answer be permitted to deny any deed, note, or other instrument in writing, which is the foundation of the action, unless he shall make an affidavit of the truth of such plea or answer at the time of filing the same. Code, § 81-405. “The plea of non est factum is a denial of the execution of the instrument sued upon, and applies to notes and other instruments, as well as deeds, and applies only when the execution of the instrument is alleged to be the act of the party filing the plea, or adopted by him.” Code, § 81-701.

2. Where a person…