Hammond v. Alexander

OPINION of the Court, by

Judge Boyle.

— -The objection to the declaration, because the instrument de- . ,, , . . ii*it dared on is not alleged to have been sealed with the seals of the obligors, appears not to be entitled to weight; the covenant is averred to have been by deed, which ex vi termini, implies a sealing and delivery, and whatever else is necessary to constitute the solemnity of a deed. The other objections to the declaration, relate to its form rather than to its substance, and cannot be taken advantage of after a plea to the merits. But the circuit court certainly erred in…