—Denials; Special Defenses

No facts may be proved under either a general or special denial except such as show that the fact are untrue. Facts plaintiff’s statements of which are consistent with such statements but show, notwithstanding, that the plaintiff has no cause of action, must be specially alleged. Thus, accord and satisfaction, arbitration and award, duress, fraud, illegality not apparent on the face of the pleadings, infancy, that the defendant was non compos mentis, payment (even though non- payment is alleged by the plaintiff), release, the statute of limitations and res judicata must be spe- cially pleaded, while advantage may be taken, under a simple denial, of such matters as the statute of frauds, or title in a third person to what the plaintiff sues upon or alleges to be the plain- tiff’s own. (P.B. 1978-1997, Sec. 164.) (Amended June 23, 2017, to take effect Jan. 1, 2018.)