Pence v. Smock

This was an action of debt by Peter Smock against the administrators of John Smock, founded on a penal bond of the' intestate for 800 dollars, conditioned for his conveyance of a tract of land to the plaintiff on or before the 9th of February, 1827. The declaration avers that the obligor,having no title, fraudulently represented his title to be good; and that he acquired no title during his life-time, nor have the defendants acquired any since his death. The defendants pleaded three pleas in bar. The first plea is, that the bond declared on was given in consideration of the plaintiff’s agrees…