Hamilton v. Clarke

OPINION of the Court, by

Judge Bibb.

— The plaintiff sold to the defendant a tract of land lying on Benson, and to secure the title and possession thereof to the defendant, executed a mortgage on another tract of land. Clarke was evicted ; sued on the covenant in the deed, and had judgment by confession of Hamilton for £. 676 3s. 8d. damages ; and brought his bill of foreclosure of the equity of redemption, and to have the premises sold to pay the damages as aforesaid confessed.

The answer insists that the confession of damages ought not to be obligatory, because it was made accor*252ding to an…