1789.
months after they were made. 1 Chan. Ca. 170. 2 Vern. 564. These, indeed, were considered in the nature of purchasors by defective conveyance, and the law as a penal one. See, also, 1 Will. 279.
Upon the whole, the Court are clearly of opinion with the Defendant, and direct judgment to be entered accordingly.
Judgment for the Defendant.
Quesnel versus Mussi.
THE Defendant being sued by a Capias in this action, Heatly obtained a role to shew cause why the writ should not be quashed, upon proof that the Defendant was a Freeholder.
Ingersol and Du Ponceau supposed the rule, and produced the records of two judgement which had been obtained against the Defendant before a Justice of the Peace &c.
By the Court: This is a sufficient ground to defeat the privilege of a Freeholder.
Let the rule be discharged.
Parker et al. versus Wood.
SCIRE Facias on a mortgage of lands in Northampton county. The cause was tried at Easton, when a verdict was taken for the Plaintiff, subject to the opinion of the Court, on the following cafe:
That the Defendant, Wood on the 20th of June, 1776, made and executed the mortgage deed in the record set forth; and, on the 5th day of July, 1776 acknowledged the same before Peter Kuchlin, Esquire, then holding a commission as one of the Judges of the Court of Common Pleas for the county of Northampton, from John Penn, Esquire, late Governor of the Province of Pennsylvania: but he had not received any such commission after the declaration of Independence, nor any notice of that declaration.
That the said mortgage was afterwards, to wit, on the 3d day of November, 1770, recorded by Lewis Gordon, Esquire in the record book kept for recording deeds and mortgages in the said county, he, that said Lewis, at the declaration of Independence being Recorder of deeds in and for the said county, and continuing, as such, to do and perform the duties of the said office, until the said 3d day of November, and after; but he had received no commission for so doing after the 4th of July, 1776.
That the said mortgaged premisss were afterwards taken in execution, set up to sale, and sold by the Sheriff of the said county to G. A. Baker under certain conditions, and at the time of the
deed
