1778-11-13 (static/transcriptions/1778/11/033.jpg)
1778. 4 Term. [Friday] Nov. 13.
Merits, but tends only to turn round the Plaintiffs to a more difficult remedy.
Impey remarked that in this writing though it is said “Borrowed of you Eight Hundred and Seventy Five Current Rupees, Interest of which I will pay at the Rate of Twelve Annas per Cent per Mensem” yet to shew the Land and not the Person is to be charged, the words immediately follow “If according to this Agreement I do not pay the Money then my own house” &c “you will dispose of”
Mention was made at the Barr of a Case like the Present where there was a Non-Suit, on the Security produced appearing to be a Mortgage.
I recollect such a Case, and Mr. Newman says he beleives the Name was
Birdy Khawn v Gunganarain Paul, and that it happen’d about