Hollingsworth v. Holshousen

It will be proper to notice the ruling of the Court upon the pleadings, and the admissibility of the plaintiff’s evidence under them, as much of the elaborate arguments of counsel have been devoted to this' branch of the case, and it may become of some importance hereafter; though our opinion, in disposing of the case, will proceed upon other grounds.

The appellant, who was defendant below, insists that the Court erred in sustaining exceptions to his special pleas, and admitting evidence in avoidance of his evidence of title introduced under the plea of “ not guilty,” without averment by the…