Gautzert v. Hoge

This was an action of covenant, brought by William Hoge, the appellee, against John P. Gautzert, the appellant, upon a mortgage deed executed by Gautzert to Mathews, on the 30th day of September, 1868, to secure the purchase money due upon a sale, made by Mathews to Gautzert, of the real estate described in the mortgage. The plaintiff in the court below recovered, and the defendant appealed.

The point is made, that an action of covenant is not main-tamable in the name of Hoge; that Mathews alone can sue upon the covenant contained in the mortgage deed.

Mathews had sold to Gautzert the land…