If the special plea denying partnership existence had restricted its allegations to that denial, it perhaps would have been necessary for plaintiff to have replied specially setting up the estoppel. However, the plea goes further and denies any *Page 209 liability "for the debts and obligations of the Coosa County Turpentine Company." Application overruled.
ANDERSON, C. J., and SOMERVILLE and BOULDIN, JJ., concur.