§55-4-13. Notice of equitable defense; resort to equity not
A defendant shall not be allowed to avail himself of either of
the two preceding sections, unless notice in writing of such
defense shall be filed with his plea. Whether he shall or shall
not make or attempt such defense, he shall not be precluded from
resorting to equity for any relief to which he would have been
entitled, if the said sections had not been enacted.