
    Robert H. Pierson against William Pierson.
    ON CERTIORARI.
    In an action of covenant, it must appear upon tho state of demand, that the instrument upon which the action is founded is á sealed instrument.
    This was an action of covenant in which a judgment had been given, upon the verdict of a jury, for William Pierson, the plaintiff below, against Robert H. Pierson.
    
      
      Ewing now moved to reverse this judgment,
    because the state of demand did not allege that the instrument upon which the action was brought was a sealed instrument.
   Kirkpatrick:, 0. J.

Does the state of demand set out an instrument of writing at all ?

Ewing. No, sir ; it calls it “ articles of agreement.”

Kirkpatrick, 0. J.

As the magistrate is obliged to set • • down the cause of action, lie must sot down tho real style.

Pord, J. An action of covenant cannot bo maintained, except on a deed.

Per Curiam.

Take a reversal.  