Hillebrant v. Booth (7 Tex. 499, 1852)

Wheeler, J.

The statute which authorizes the defendant, in his answer, to plead “as many several matters” as lie nmy think necessary for his defense, while it gives the rigid, at the same time and in the same answer, to interpose two ov more distinct and independent defenses by separate and distinct, and, it may be, inconsistent pleas, does not dispense with the necessity of pleading the facts which constitute eacli ground of defense by consistent averments. The answer may embrace a general denial and a plea in confession and ¿avoidance, and, in so far. it may embrace inconsistent defenses. But eacl) plea in confession and avoidance must constitute, in itself, a good defense to the ■action; and, of consequence, must be consistent in its averments.

It is an elementary and primary requisite of a good plea that it be capable of iproofTaFcl, conseq neñÍ3NTRa^t^lawew^TIÍe]pfeadHrjniistj;taie'lth.e..factsnn. -WlTfcrilie relies, accordi^^ThTrtMjtlLoLthe case, or his pleading will notavajl jiinTon the triídr3E2hr-mlíl-^^0JlE5l;^ns^'1^r->-^fi^