¶1Judgment — That the declaration is insufficient. The receipt produced on oyer is a different receipt from that de-•dared upon as the ground of the plaintiff’s! action. A debt to Charles M’Evers is essentially different from a debt to the company of M’Evers and Seagrove. Besides, the plaintiff hath not paid his debt. Bacon’s taking the plaintiff’s farm by execution may entitle him to receive the money from the plaintiff, but hath not altered the nature of the mortgaged premises, nor in any manner paid or satisfied the plaintiff’s debt.
1 Root 452
Rowe v. Couch
Decided August 15, 1792
Supreme Court of Connecticut · decided 1792-08-15
Action of the case, declaring that on. the 5th of December A. D. 1786 he was indebted to Charles M’Evers and James Seagrove £162 10s. 8d. York money, for which he gave his bond and also a mortgage of his farm in New Milford; that on the 4th of October last, Jared Lane, attorney to said M’Evers and Seagrove, held his bond on which was due £3 6s. 9d. for interest, and the defendant as substitute to said Lane, called upon the plaintiff for payment, or some further security for…
Decided 1792-08-15