Hummel v. Singer

By the Court.

There is no doubt that an action of debt or covenant, founded on ground-rent due, comes within the fifty-second rule of court, requiring the defendant to make an affidavit of defence. It is an “ instrument of writing for the payment of money.” This subject was carefully considered in Hummel v. Nelson, 1 Miles, 340; Watkins v. Phillips, 2 Wh. 209. The only doubt arises from that provision in the rule requiring the plaintiff to file a copy of ■ the instrument of writing, record, or claim on which the writ is founded. Here the original ground-rent deed is filed, which is certainly…