Landlord and Tenant.

part, and the said defendant of the other part, (which said indenture, sealed with the seal of the said defendant, the said plaintiff now brings into court, the date whereof is the day and year aforesaid,) the said plaintiff, for the considerations therein mentioned, did demise, lease and to farm let, unto the said defendant all that, [&c., recite the demise and reddendum,] by virtue of which said. indenture of lease, and the demise thereby made, he the said defendant, to wit, on [&c.] entered into all and singular the said demised premises, with the appurtenances, and became and was, and still is thereof possessed for the said term so to him thereof demised as aforesaid; and the said plaintiff in fact says, that the sum of of the aforesaid yearly rent, for one year of the said term, ending on the day of, to wit, at the county aforesaid, became due and owing from the said defendant to the said plaintiff, and still is in arrear and unpaid to him the said plaintiff, to wit, at the county aforesaid, whereby an action hath accrued to the said plaintiff to demand and have of and from the said defendant the said sum of dollars. Yet, [&c.]

5. Devisee of a Grantee of a Reversion, against Lessee of a Tenant by the courtesy.

For that, whereas, one C. G. being seized in his demesne as of fee of and in the reversion of a certain messuage, [&c.] immediately expectant after the death of G. G. his father, who was seized of the said messuage as of a freehold, as a tenant thereof by the courtesy, and the said C. being so seized of the reversion of the said messuage, with [&c.] the said C. afterwards, to wit, on [&c.] by his certain indenture, made [&c., as before,] to have and to hold the said messuage, with [&c.] to the said J. L. his executors, [&c.] from and immediately after the death and decease of the said G. G. father of the said C. unto the full end and term of, [&c,] yielding and paying, [&c.] as by the said indenture, [&c.] by virtue of which demise the said J. was possessed of the interest of the said term, after the death of the said G. and the said J. being so possessed as aforesaid of the interest of the said term, and the said C. being so seized of the reversion thereof expectant after the death of the said G. he the said C. afterwards, to wit, on [&c.] by his certain indenture of bargain and sale, duly executed, acknowledged and recorded as the law directs, made between the said C. by the name of [&c.] of the one part, and K. K. by the name of [&c.] of the other part, (which said other part, sealed with the seal of the said C. whose date is the day and year last aforesaid, the said plaintiff now brings here into court,) he the said C. for and in consideration of the sum of, to the said C. in hand paid by the said K. at or before the sealing and delivery of the same indenture, gave, granted, bargained, sold, enfeoffed and confirmed, to the said K. his heirs and assigns, forever, the said messuage, with [&c., state the deed,] by virtue of which said bargain and sale he the said K. became seized of the reversion of the said messuage, with [&c.], and he

Landlord and Tenant.

the said K. being so seized of the reversion of the said messuage, with [&c.[ and the said J. L. being so possessed of the interest of the term aforesaid, he the said K. afterwards, to wit, on [&c.] at the county aforesaid, made his last will and testament in writing, and thereby willed, devised and bequeathed the said messuage, with [&c.] to the said plaintiff by the name of P. K. her heirs and assigns forever, and afterwards the said K. died, at the county aforesaid, seized of such of his estate therein, and his said last will and testament was afterwards, to wit, on [&c.] at [&c.], duly proved and admitted to probate by and before the Court of Common Pleas of the county of, and then and there by order of said court duly recorded; and afterwards and after the decease of said K. she the said plaintiff claimed the reversion of the said messuage [&c.] with [&c.], and was thereof seized by virtue of the devise and bequest aforesaid; and the said plaintiff being so seized of the reversion aforesaid, and the said J. being so possessed of the interest of his said term, he the said J. afterwards, at the county aforesaid, assigned all his interest of the said term in the messuage, [&c.] with [&c.], to the said defendant, by virtue of which assignment the said defendant was possessed of the interest of the said term of and in the said messuage, [&c.] with [&c.], and the said defendant being so possessed of the interest of the said term of and in the said messuage, [&c.] with [&c.], and the said plaintiff being so seized of the reversion aforesaid, the said G. G. afterwards, to wit, on [&c.] at the county aforesaid departed this life, after whose death the said defendant entered into the said messuage, [&c ] and was thereof possessed, by virtue of the demise and assignment aforesaid; and the said defendant being so possessed thereof, and the said plaintiff being so seized of the reversion of the said messuage, [&c.] the sum of ——— of the rent aforesaid, for years, ending on [&c.] was in arrear to the said plaintiff, and is yet unpaid, whereby an action accrued to the said plaintiff to demand and have of the said defendant the said sum of money last mentioned; yet, [&c.]

6. Against an Administrator for Rent accruing in his own time.

day of

For that, whereas, the said plaintiff, on the in the year -, by his indenture bearing date on the day and year aforesaid, at the county aforesaid, made between the said plaintiff, by the name of [&c.] of the one part, and the said R. in his lifetime, of the other part, one part whereof, sealed with the seal of the said R. in his lifetime, and duly executed, acknowledged and recorded, as the law directs, the said plaintiff brings here into this court, the date whereof is the same day and year aforesaid, demised to the said R. in his lifetime, the said messuage, with the appurtenances, together with all [&c.] to have and to hold [&c., recite the demise and reddendum,] by virtue of which demise, the said R. in his lifetime, afterwards, to wit, on [&c.] entered into the said messuage, and was thereof possessed, and being so thereof possessed, the

Landlord and Tenant-Promissory Notes and Single Bills.

said R. afterwards, to wit, on [&c.] at the county aforesaid, died intestate as aforesaid, possessed of the said premises, after which decease of the said R., to wit, on [&c.,] administration of all and singular the goods and chattels, rights and credits, which were of the said R. at the time of his death, was, by the court of [&c.] of the county aforesaid, in due form granted to the said defendant, to wit, at the county aforesaid; and afterwards, to wit, on the day and year last aforesaid, the said defendant entered into the said premises as aforesaid, and was thereof possessed by virtue of the administration aforesaid; and the said plaintiff in fact says, that the said sum of, being one year's rent, ending after the death of the said R., and after the granting of the admintration, and entry of the said defendant, to wit, on [&c.] was and still is in arrear and unpaid to the said plaintiff, whereby an action hath accrued to the said plaintiff to demand and have of the said defendant the said sum of money last mentioned. Yet, [&c.]

SEC. XII. PROMISSORY NOTES AND SINGLE BILLS.

1. Payee of Note against Maker.

day of

9

A. D.

dollars, value

For that, whereas, the defendant, on the made his certain promissory note, in writing, and delivered the same to the plaintiff, and thereby promised (m) to pay to the said plaintiff received, two months after the date thereof, which period hath now elapsed; and by reason of the said sum of dollars being unpaid, an action hath accrued to the plaintiff to demand the same of the defendant. [Add common count, as ante, 348.]

2. On a Single Bill or Sealed Note.

Commencement as ante, p. 181 to 188.] For that, whereas, the defendant, on [&c.] at [&c.], by his certain writing obligatory, commonly called a single bill, sealed with his seal, and now here to the court shewn, the date whereof is the day and year aforesaid, (n) bound himself to pay to the plaintiff dollars, — months after the date thereof, which period hath now elapsed; whereby an action hath accrued to the plaintiff to demand and have of the defendant said sum of money; yet the defendant hath not paid the same or any part thereof; to the plaintiff's damage.

(m) Descriptive of note. Acc. 2 Chit. Pl. 388; 1 Chit. Prec. 434. "Agreed" is the proper word, in debt, upon an implied promise, &c.; see ante, 349, n.

(n) The date is here stated because the form is upon a single bill payable a certain number of months after date, otherwise it would not be inserted; and even in such case it is not necessary. See note, ante, p. 305, n. (n); 1 Chit. Prec. 434, et

dollars; therefore he sues, &c.

passim; 2 Chit. Pl. 8 Am. ed. 437, form in Common Pleas; 4 East, 447.

Where a sealed instrument is declared upon, and described as such, or a word of art used which imports that it is sealed, such as "writing obligatory,” “deed,” or “indenture,” a delivery is never averred; (1 Saund. 291 n. 1); and the sealing and delivery, without an averment thereof, will be implied. 1 Saund. 291, n. (1).

Promissory Notes and Single Bills-Judgments, Records, &c.

3. Indorsee against the Maker of a Single Bill.

Commencement, ante, 181 to 188.] For that, whereas, the defendant, on [&c.] at [&c.], by his certain writing obligatory, commonly called a single bill, sealed with his seal, and to the court here now shewn, bound himself to pay unto one E. F., or [order, or assigns, according to the bill,] the sum of — dollars, months after the date thereof, which period hath now elapsed; and the said E. F. then and there indorsed the said single bill [to one G. H. who then and there indorsed the same] to the plaintiff; whereof the defendant then and there had notice; [and in consideration of the premises, the defendant then and there agreed to pay the amount of the said single bill to the plaintiff, according to the tenor and effect thereof,] whereby an action hath accrued to the plaintiff to demand and have from the defendant the said sum of dollars; yet the defendant hath not paid the same, or any part thereof, to the plaintiff's damage dollars; and thereupon he sues, &c.

4. On a Single Bill payable by Installments.

For that, whereas, the defendant, on [&c.] at [&c.], by his certain writing obligatory, commonly called a single bill, sealed with his seal, and to the court here now shewn, bound himself to pay unto the plaintiff by the name of or order, the sum of dollars in manner following, that is to say, the sum of

dollars on the [&c.], and the further sum of dollars on the [&c.] all which periods have now respectively elapsed; whereby an action hath accrued to the plaintiff to demand and have from the defendant the said sum of money above first mentioned; yet the defendant hath not paid the same, or any of said several sums of money, or either of them, or any part thereof; to the plaintiff's damage dollars; and thereupon he sues, &c.

Commencement, ante, p. 181 to 188.] For that, whereas, the plaintiff, by the consideration and judgment of the [court of, describe the court as in the

(p) As to judgments of sister States, see Const. U. S. Art IV, § 1; Law of the U. States, Swan's Stat. 56, 57.

In respect of judgments of the courts of sister States, of competent jurisdiction over the subject matter, the record, duly authenticated, has such faith and credit elsewhere as it has in the courts of the States whence it is taken, if the defendant was arrested, or in some way appeared and had an opportunity of defending the original action. 7 Cranch, 481; 6 Whea. 129; 3 Whea. 234; 15 Johns. 140; 2 Blackf. 109; 2 McLean, 129, 511,

473; 6 Wend. 447; 6 Pick. 232; 10 Ohio Rep. 100; 8 Ohio Rep. 108; 6 Ohio Rep. 43; Bre. 128; 4 Ohio Rep. 327; 1 Ohio Rep. 259; 8 Cowen, 311. As to the effect of a judgment of a sister State by attachment of property, or rendered in a case where the defendant did not appear in person or by attorney, and how far the defendant may contest the record in which it is set forth that he did appear, see 10 Ohio Rep. 100; 13 Id. —; 2 McLean, 511; 13 Wend. 407; 2 Blackf. 82, 109; 1 Bail. 242; 13 Johns. 192; 1 Dal. 261, 375; Kirby, 119; 5 Wend. 154; 4 Conn. 380; 6 Whea. 129; 5 Johns.

judgment against the defendant [by the name of -] for the sum of costs of suit, [or say· dollars

damages and costs of suit, according to the record, (r)] as by the record thereof in said court appears, [and if the suit is upon a judgment of a sister State, add, and a copy of which record, duly authenticated, the plaintiff now here in court produces,] and which said debt, damages and costs amount to a