Nicolay ct al ys. Kay-affirmed
{"newspaper_name": "The Arkansas banner.", "edition": "01", "page": "p2", "byline": ""}
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The declaration avered that the bond sued on was made to Kay, by the name and de- scription of the Bank of the State of Arkan- sas, through misake;-hcld that it is good upon demurrer, upon motion in arrest of judgment, or upon writ of error.

 Such an ayerment Is a material traversable allegation upon which issue may be taken, and if denied by plea must be supported by proof to entitle the plaintiff to a recovery.

 The plea of non est factum does not put such an avcrment in issue, but only the exc ecution of the deed and its continuance as 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 deliv- cry of the deed