
    Fuller, Appellant, v. East End Homestead Loan and Trust Co.
    
      Oomtitutionai law — Obligation of contract — Mortgage—Defeasance—Act of June 8, 1881.
    The act of June 8, 1881, P. L. 84, relating to and defining defeasances, does not violate article 1, § 10, paragraph 1, of the constitution of the United States-, forbidding states to pass laws impairing the obligation of contracts.
    Argued Oct. 23, 1893.
    Appeal, No. 289, Oct. T., 1893, by plaintiff, -Sidney Fuller, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1892, No. 193, sustaining -demurrer to bill in equity.
    Before Sterrett, C. J., Green, McCollum, Mitchell, Dean and Thompson, JJ.
    Demurrer to bill in equity.
    The bill averred that Simpson McClure, who was a member of defendant company, executed a deed to defendant to secure a loan ; that the consideration named in the deed was §2,400, but not more than $50Q or §600 was paid in cash; that McClure continued in possession of the property conveyed; that on Dec. 31, 1888, McClure gave to plaintiff a judgment note for lumber used in erecting a building on the land in question ; that plaintiff subsequently entered judgment on the note, issued execution and at the sale bought in the property and procured a sheriff’s deed therefor; that he offered to pay the portion of the loan due by McClure to defendant, but that his offer was refused, and defendant claimed an absolute ownership of the land.
    The defendant demurred to the bill on the ground that the alleged, defeasance was not in writing. The court, Ewing, P. J., entered a decree sustaining the demurrer on the ground that the act of June 8, 1881, P. L. 84, barred plaintiff’s right.
    
      Error assigned was decree, quoting it.
    
      J. Charles Dieken, for appellant.
    If the act of 1881 is constitutional and applies to a loan between a corporation and one of its members, it does not apply to plaintiff.
    
      James 0. Doty and Albert York Smith, for appellee, not heard, cited :
    Felts’s Ap., 1 Mona. 282; Sankey v. Hawley, 118 Pa. 30.
    Oct. 23, 1893,
   Pee Curiam,

at Bar: Judgment affirmed.  