Page:United States Reports, Volume 1.djvu/447

436 

1789.

months after they were made. 1''Chan. Ca.'' 170. 2 Vern. 564. Thefe, indeed, were confidered in the nature of purchafors by defective conveyance, and the law as a penal one. See, alfo, 1 Will. 279.

Upon the whole, the Court are clearly of opinion with the Defendant, and direct judgment to be entered accordingly.

Judgment for the Defendant. 

HE Defendant being fued by a Capias in this action, Heatly obtained a role to fhew caufe why the writ fhould not be quafhed, upon proof    the Defendant was a Freeholder.

Ingerʃol and De  fuppofed the rule, and produced the records of two judgement which had been obtained againft the Defendant beƒore a Juʃtice oƒ the Peace &c.



Let the rule be difcharged. 

CIRE Facias on a mortgage of lands in Northhampton county. The caufe was tired at Eaʃton, when a verdict was taken for the Plaintiff, fubject to the opinion of the Court, on the following cafe:

“ That the Defendant, Wood on the 20th of June, 1776, made and executed the mortgage deed in the record fet forth ; and, on the 5th day of July, 1776 acknowledged the fame before Peter Kuchlin, Efquire, holding a commiffion as one of the Judges of the Court of Common Pleas for the county of Northampton, from John Penn, Eʃquire Governor oƒ the Province oƒ Pennʃylvania: but he had not received any comiffion after the declaration of Independence, nor any notice of that declaration.

“ That the faid mortgage was afterwards, to wit, on the 3d day of November, 1770, recorded by Lewis Gordon, Efquire in the record book kept for recording deeds and mortgages in the faid county, he, that faid Lewis, at the declaration of Independence being Recorder of deeds in and for the faid county, and continuing, as fuch, to do and perform the duties of the faid office, until the faid 3d day of November, and after; but he had received no commiffion for fo doing after the 4th of July, 1776.

“That the faid mortgaged premiffes were afterwards taken in execution, fet up to fale, and fold by the Sheriff of the faid county to G.A. Baker under certain conditions, and at the time of the deed