James v. Cortright

The suit originated in the inferior court of Mobile county, and there was judgment against B. M. Roberts and Russell Cortright, and there was motion to abate the action on the ground that the lease was executed on the condition precedent, and judgment was rendered therein in favor of plaintiff; defendants appealed to the circuit court.

In the last named court defendant Russell Cortright filed pleas 1, 2, 3, and 4 to the amended complaint. The court heard demurrers thereto and overruled same to pleas 3 and 4. Plea 4 was non est factum; and plea 3 set up as defense that “at the time said Russell…