The plea was properly received. I ground my opinion upon several cases in Wilson's Reports which establish the rule that pleadings may be amended to attain the justice of the case.
NOTE. — See contra Cutlar v. Cutlar, post, 155; Churchill v.Howard, post, 335; Grier v. Comb, 1 N.C. 91. But see Teasdale v. Branton,post, 281.