Stubbs v. King
Supreme Court of Pennsylvania
IN ERROR. Writ of error to Lancaster county. In the court below this was an action of debt on a bond, conditioned for the payment of one hundred pounds on the 3d of May, 1812, given by Samuel King-, the defendant in error.and defendant below, to Amos Pyle, the intestate of the plaintiff in*error.
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IN ERROR. Writ of error to Lancaster county. In the court below this was an action of debt on a bond, conditioned for the payment of one hundred pounds on the 3d of May, 1812, given by Samuel King-, the defendant in error.and defendant below, to Amos Pyle, the intestate of the plaintiff in*error. The plaintiff below filed a statement, under the act of the 21st of March, 1806, and the defendant, having pleaded payment with leave to-give the special matter in evidence, gave notice that on the trial he should give in evidence, “ that the bond on which the suit was brought, was given for the…
1Opinion of the Court
*208The opinion of the court was delivered by
GibsoN, J.
The consideration of the.bond on which this suit ÍS'brought, is the price of a tract of land. At the trial, the defendant was permitted to prove that while he was treating for the purchase, the plaintiff showed him, as the boundary, lines which are since found not to be so in fact, and that the lines designated in the conveyance, exclude land which was shown to him as a part of the tract. In England such á plea would not be tolerated in a court of law, notwithstanding that in Mr. Chitty's treatise on pleading, (vol. 2, page 495,) there is a…
2Cited by1 opinion
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