
    SINGLETON vs. LEWIS.
    
    
      April 22nd.
    
    When the matter ef a plea defends^ embracedhy another plea,and ia better form, before entered, the court ought not to receiver.
    ofdec aa!°n HngCnfound><añ onfound negro, the caufe of ac. the*file — -¡mt on the death of the negto.
    The cause was argued by
    
      Allen for the plaintiff, and Clay for the defendant.
    
      
       Abfent, June* Bibb.
    
   Edwards, Ch. J.

delivered the following opinion of the court :

The plaintiff in the inferior court declared against the defendant for a fraud in the sale of the negro woman in' the declaration mentioned ; the defendant plead the pleas of not guilty, and the statute of limitations ; o'n r, . , . s , which issues were made up.

It is assigned for error, that the court were wrong in another plea tendered by Singleton’s attorney: hut as the matter of that plea was embraced by one as already plead ; and better plead too ; the court were right jn refusing to admit it. But as the fraud in the sale was the. gist of the action, the cause of action accrued on the sale j and, consequently, the court erred in direct* ing the jury, “ That the statute of limitations did not begin to run against the plaintiff’s demand, until th* death of the negro woman aforesaid.”

Judgment reversed, and cause remanded for a new trial.  