1778-11-13 (static/transcriptions/1778/11/031.jpg)

1778. 4 Term. [Friday] Nov. 13.

Impey said, the attempt to discredit the Witnesses by proving they were not present at the Execution of the Bond they had attested as Witnesses, made this Evidence of the Discourse of One of them, proper, both being Dead.

[Triple Line]
Radachurn Seat & Birru Seat
v
Punchanund Silmilly.
This is an Action on the Case for Money Lent, with the usual Counts.
The Plaintiffs were Non-Suited by Direction of the Court.
The Evidence was a Bengal Mortgage Bond.
Impey directed the Non-Suit, because He said it was only a Mortgage, and that it imported the Lender took the Land for his Security and not the Person of the Borrower: He said the remedy was by bill for Specific Performance, this not being a compleat Mortgage but only an agreement to Mortgage, the Pottahs not being deliver’d: or else a special action for not performing the Agreement.
/ I observe