14 Tenn. 477
Decided May 15, 1834
Tennessee Supreme Court · decided 1834-05-15
This was a suit instituted before a justice of the peace on a covenant contained in a mortgage deed. To the covenant sued on before the justice, Couger, the debtor, and plaintiff in error here, Thomas Lancaster, the creditor and defendant in error here, and Samuel Lancaster, the trustee in said mortgage, are parties, the three having executed the mortgage deed.
Decided 1834-05-15
¶1delivered the opinion of the court.
¶2The only question is, had the justice who tried the cause jurisdiction? We think the deed contained a covenant to pay Thomas Lancaster the money, as well as a lien on Couger’s property, and no reason exists why the creditor could not sue in debt upon it, the same as if he had taken a separate bond for the money. Took vs. Hartly, 2 Bro. C. R. 126.
¶3Judgment affirmed.