East Point Lumber Co. v. Chandler

1. Although a plea, in a suit to recover upon a written instrument, may not expressly allege that the instrument was not the defendant’s act or deed, yet where the clear import of the plea is that the defendant did not “sign,” or did not “execute” the instrument sued on, the plea is good as one of non est factum, and is good as against a general demurrer, and is therefore amendable, not only by an amendment more specifically alleging a denial of the execution of the instrument sued on and containing allegations sufficient to constitute the plea as amended one of non est factum, good as…