Dugan v. Loyd
Pennsylvania Court of Common Pleas, Philadelphia County
THIS was an action of covenant brought to September term, 1838, No. 117. The plaintiff filed the following copy of an instrument of writing under the act of 28th March, 1835. “I, Isaac S. Loyd, having this day conveyed to Joseph Dugan, his heirs and assigns, six several yearly rent-charges, of one hundred dollars each per annum, payable half yearly by John Waterhouse, and issuing out of six contiguous lots or pieces of ground, with the buildings and improvements thereon…
Read the full summary
THIS was an action of covenant brought to September term, 1838, No. 117. The plaintiff filed the following copy of an instrument of writing under the act of 28th March, 1835. “I, Isaac S. Loyd, having this day conveyed to Joseph Dugan, his heirs and assigns, six several yearly rent-charges, of one hundred dollars each per annum, payable half yearly by John Waterhouse, and issuing out of six contiguous lots or pieces of ground, with the buildings and improvements thereon erected, situate on the south side of Locust Street, between Schuvlldll Second and Third Streets, in the city of…
1Opinion of the Court
Per Curiam.—
The question is whether the agreement of the 20th of February, 1837, is such “ an instrument of writing for the payment of money” as entitles the plaintiff to judgment under the act of 28th March, 1835. We altogether exclude the consideration of the plaintiff’s affidavit, there being no warrant for it in a case like this. The agreement is in substance that the defendant shall pay the plaintiff ten thousand dollars, within a year from its date, or at any time after when required; and at the same time, plaintiff is to reconvey the rent-charges to the defendant. Now we have always…