Couger v. Lancaster ( 1834 )

Catron, Ch. J.

delivered the opinion of the court.

The 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.

Judgment affirmed.