
    Lockwood, Administrator of Guyer, v. Smith.
    A note for a sum of money with an agreement indorsed on the back, that if the defendant give a deed of a' certain piece of land, said note to be void — is a note for so much money and recoverable, unless said deed is given.
    Action on note, dated the 13th of October A. D. 1787 for £40, payable to said Guy or on demand with interest.
    Plea in har — That there was a condition indorsed on the back of said note; that if the defendant should give to said Guyer a deed of a certain house and five acres of land in -Reading, by tbe 1st day of April then, next, said note should -be void; and that before said 1st of April, viz. on tbe 5th of • January A. D. 1188, tbe said Guyer died, whereby it became impossible by tbe act of God for tbe defendant to per--f orm said condition. Tbe plaintiff demurred.
    •Judgment — That tbe plea is insufficient.
    'Two questions were made — 1st. Whether this was a penal ’.note, executed to enforce tbe giving of said deed? Or, 2d. A note given for so much money, and by tbe indorsement agreed to be paid and discharged by said deed?
   The court were of opinion that it was a note for so much money, which by the agreement indorsed; on the back of it, might have been discharged by executing said deed. Further, it doth not appear but that said Guyer left heirs to whom said deed might have been given.  