1778-11-13 (static/transcriptions/1778/11/032.jpg)

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

I observed to Impey that there had been, a resolution or two by Chambers and me, when he was absent in Last Term or Sittings, on writings of this kind, meaning the cases of

where we were of Opinion the Plaintiff ought to recover, because we thought those writings resembled the Case of a Mortgage with a Covenant to pay, in which the Lender may desert his security on the Land and proceed against the Person. Impey said where the Writings were of that import the construction was right, and if I thought this case resembled those, we would take time to consider, for he always wished there might be a uniformity of decisions, and not depend on which of the Judges happen’d to be present: but he thought this resembled the Case of a Mortgage without a Covenant to pay, and if I agreed to that opinion there must be a Non-Suit. I did agree to it, but unwillingly, because the objection taken by Impey does not go to the
/ Merits