
    Robert Young who survived Eleanor Young against Samuel Pleasants, surviving administrator of Israel Pemberton.
    On a suit brought against an administrator, for not conveying lands contracted to be sold by his intestate, the plaintiff must prove the contract in court, and have it recorded, before the bringing of the suit.
    Covenant was brought on an article of agreement, dated 5th April 1775, executed between the intestate and Eleanor and Robert Young, whereby the former agreed to sell to them 150 acres of land in East Fallowfield township, at 40s. per acre, payable in instalments in five years. Plea, covenants performed.
    
      % , *No part of the money had been paid by the plaintiff; but in November 1779, he tendered to the defendant 442I. and upwards, in continental bills of credit of the emissions of 1775 and 1776, . This was refused, that currency having then depreciated to 384 for 1.
    In July term 1791, the plaintiff filed a bill in this court, to perpetuate testimony, and several depositions were taken thereon ; but no proceedings were had under the act of 31st March 1792, (3 St. Laws 198) nor was the agreement proved in court, or recorded according to the directions of that law.
    Messrs. T. Ross and Blair, pro qiier.
    
    Mr. Tilghman, pro def.
    
   By the Court.

The plaintiff cannot sustain this suit, not having taken the necessary steps pointed out by the law. It is true, the defendant has not pleaded semper pctratiis, but the 3d section of the act does not supersede the necessity of the deed’s being proved in court and recorded thereon, previous to the commencement of the suit. It is incumbent on the party who seeks to enforce the contract, to do the first act, by procuring a probate of the deed and putting it on record. An administrator with the best intentions, when the contract has been ever so fairly executed by the vendee and his intestate, who has sold, has it not in his power to make the conveyance, unless the ven-dee puts it in his power by proceeding regularly.

Plaintiff nonsuit.  