The facts being agreed, they are to be taken as of the same legal effect, as if pleaded. The fact that the defendant was a married woman, when the judgment was rendered against her, would alone be a good bar to this action. It would *412be the same as if she had entered into an obligation by bond at the same time; to which she might have pleaded non est factum. A judgment is in the nature of a contract; it is a specialty, and creates a debt; and to have that effect, it must be taken against one capable of contracting a debt. Faithorne v. B'aquire, 6 M. & S. 73. Judgment for the defendant*