1792-07-11 (static/transcriptions/1792/07/045.jpg)
(135
Mr. Shaw in support of the Demurrer.
The Deed mentioned in the 2d plea is either
1. a Release
or
2. A Deed of mutual covenants. If it operates as a release the Deft shod have pleaded it as such.
If it be a Deed of Covenants it cannot be pleaded as a Release or a Defenzance.
The plf to entitle him to recover for breach of Covenants should ve able to aver that he had performed them on his part; but here