Contracts under seal are valid without consideration. (8 Mass. 162, 200; 2 Noys, 159; 9 Mass. 124.) Executed contracts carry with them the evidence of consideration. (11 Pick. 146; 15 Mass. 171; 14 Pick. 293; 3 Pick. 452; 2 Greenl. 390.)
An injury to the party making, and a benefit to the party receiving, will support a promise. (1 Caine, 45; 6 Mass. 58; 2 Pick. 182; 6 Yerger, 508.)
Consideration on sale of land, quit-claim, etc., see 5 Greenl. 435; 2 Fairfield, 381; 11 Wheat. 258; 5 Burr. 2069; 16 Mass. 332.)
Quit-claim to public lands is a good consideration for a promise to pay money. (Illinois Rep. 270; Snyder v. Leframboise, 3 Scam. 387; 2 Scam. 505; 3 Scam. 428, 503; Greenl. 352; 2 Blackf. 123; 1 Yates, 483; Green's Iowa Rep. 409, 410.)
JUDGES: Heydenfeldt, Justice, delivered the opinion of the Court. Wells, Justice, concurred.
OPINION
HEYDENFELDT, Judge
The mortgage executed by the defendant operates an estoppel to the defence he has set up. According to well-established principles of public policy, for the security of good faith and fair dealing, a party is not allowed to controvert the declarations which he has made by deed, or to deny the enforcement of rights which he has thus attempted to confer.
Judgment affirmed.