point of law. Wharton; Ilaggart v. Morgan, 5 X. Y. 422. 55 Am. Dec. 350; Evans v. Southern Turnpike Co., 18 Ind. 101. The plea of HOW est factum is a denial of the execution of the instrument sued upon, and applies to notes or other instruments, as well as deeds, and applies only when the execution of the instrument is alleged to be the act of the party tiling the plea, or adopted by him. Code Ga. 1SS2.

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