Harrold v. Barwise

HEAD, Associate Justice.

Appellant sued appellee in the Justice Court for the possession of two mules. An appeal from a judgment in his favor was taken to the County Court, and the transcript sent up by the justice showed that appellee’s only plea was a general denial. In the County Court, in addition to the general denial, appellee was allowed to plead specially that he claimed possession of the mules under a mortgage thereof made to him by one Wells.

Appellant, in his .first ■ and second assignments, contends that this special plea should not have been allowed, because it was not interposed…