1778-07-20 (static/transcriptions/1778/07/042.jpg)

1778. Sittings. [Wednesday] July 22d.

in this Cause, that as these writings did not import to be Conveyances of the Land mention’d in the Pottahs, the Money recited to be borrow’d might be recover’d in this action on the Case, as Money Lent.
I said I thought these kind of Bonds might well be consider’d, as Notes promising to pay money, and reciting the Deposit of a Pottah as a security to the Lender for the Repayment of the Money, and it operates as a security to him, thus; It proves that the Man who deposites the Pottah has a title to the Land, and as no Man will buy Land without having the Pottah, the Lender is secured by being possessed of the Pottah, that the borrower can not sell the Land, and by that means he is secured that the borrower shall be able to pay him