Eakle v. Oliver

This is an action of debt on a bond for the

delivery of certain property levied on by a constable in Marion ^pounty. The defendants pleaded nil debent. The plaintiff moved to reject the plea, to which the defendants objected; but the Court sustained the motion and rejected the plea. Final judgment was rendered for the plaintiff.

The plea of nil debet is not a good plea in debt where a deed is the foundation of the action. It is not however a nullity. It is adapted to the nature of the action, and goes to the substance of it. If the plaintiff take issue upon it, the defendant may prove any…