Waddell v. Shaw

The appeal doth not lie.— The bond is for the payment of money only, notwithstanding what is said in the condition respecting a deed of mortgage, given as collateral security for the same debt; for the payment of £1,000 New York currency, is the only thing in the condition to be performed, in discharge of the obligation.

dissenting. In the condition of the bond, there is a reference to a mortgage deed of a large tract of *282land, depending on tbe performance, or nonperformance, of said condition. If tbe condition is not performed, tbe land becomes forfeit to tbe obligee, and is legally vested in bim, and if tbe obligor avails bimself of it, will extinguish tbe bond; and tbe obligor, in that case, will not be obliged or enforced to pay any part thereof, but tbe land will be esteemed a satisfaction;— therefore, tbe bond is not for money only.