Loyd v. Marvin

Debt upon the penal part of an obligation. _ Oyer having been granted, it appeared that the condition of the- bond, after reciting the purchase by the obligees (the plaintiffs below) from Brown, one of the defendants, of certain town-lots, which were incumbered by judgments against Brown, was, that “should said Brown indemnify the said John and Allen Loyd (the plaintiffs,) and save them perfectly free and harmless from the operation of said judgments, by virtue of the liens thereof, then the obligation to be void,” &c. The defendants pleaded generally non damnificatus. The plaintiffs replied,…