Muckleroy v. Bethany

The plaintiff in error, Muckleroy, who was the defendant in the court below, pleaded a special non est factum, in this, that the note executed by him was not under seal, while opposite to the names of the payers in the note sued on in this case there were scrawls, in one of which the word seal is written. The court held in this case, when before it by a former writ of error, that this plea presented a valid defence. (23 Tex., 163.) The *552only matter for our determination now is, upon whom was the-burden of ppoof imposed by this special plea ?' Or, if it was upon the plaintiff below, did the…