¶1The court, without giving any opinion on the question, whether mil tiel record was at all pleadabic in the case, granted the plaintiff the following rule, viz.
¶2<£ Ordered, That only one of the two pleas in this 6£ cause be allowed, and that the defendant, within r,c four days after notice of this rule, do, or in default *78u thereof, that the plaintiff do elect which shall be 1 “ allowed, and that the other plea shall be deemed (c disallowed.” Vide the case of Carnes v. Duncan admr. ante, p.41.