NIouALDY q al Us. KAY.
{"newspaper_name": "The Arkansas banner.", "edition": "01", "page": "p2", "byline": "Error 10 pulaski."}
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The declaration averred that the bond sued on was made to kay, by name and de- scription of the Bunk of fte State Of ,4r- kansas, through mistake-acid that iii good upon demurrer, upon motion in arrest o judgment, or upon writ of error.

 Such an avermentis a material, traversablC allegation, upon which issue may be, taken and if denied by plea, must be supported by proof to entide the plaintiff to a recovery.

 The plea of non cst fdctum does not pu such an averment in issue, but only the ex. ecution of the deed, and its continuance a: deed at the time of the plea, and the only proof required of the plaintiff under the is. sue is, first the sealing, and second the de livery of the Affirmed. (This cast was determined at the January, tenn 1915, bu held up on motion for reconsideration.