Catron, Ch. J. delivered the opinion of the court. The only question is, had the justice who tried the cause jurisdiction? We think the deed contained a covenant to pay Thomas Lancaster the money, as well as a lien on Couger’s property, and no reason exists why the creditor could not sue in debt upon it, the same as if he had taken a separate bond for the money. Took vs. Hartly, 2 Bro. C. R. 126. Judgment affirmed.