
    WAPLES vs. M'GEE & SALMONS.
    After issue joined on the merits, the court will not permit the defendant to amend by adding a plea of the act of limitation, or any plea not going to the merits.
    Capias case. Action for an injury to the reversionary interest in land.
    
      Cullen, for defendants,
    after a continuance of the cause on legal grounds, moved for leave to amend his pleadings, which was resisted.
    The case stood at issue on a plea of not guilty, and the court required him to disclose to them the matter which he desired leave to plead ; when he stated that it was “ a special license from plaintiff;” and also the act of limitation.
    
    
      Ridgely and Frame, for plaintiff.
    
      Cullen, for defendants.
   The Court,

after argument and consideration, gave leave to amend and to plead the license; but refused to allow the amendment for the purpose of pleading the act of limitation, or any plea not going to the merits.  