Paull v. Lewis
Supreme Court of Pennsylvania
ERROR to the common pleas of Fayette county. N. Lewis, the plaintiff below, sued out against James Pauli, Jun. a summons in case, and complained, “ that whereas the said James was indebted, the 20th day of December 1832, to the said N. Lewis, administrator as aforesaid, in the sum of 2646 dollars, for a certain messuage or tenement and premises situated in Dunbar township, Fayette county, containing three hundred and twenty-four acres, strict measure, as ascertained by…
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ERROR to the common pleas of Fayette county. N. Lewis, the plaintiff below, sued out against James Pauli, Jun. a summons in case, and complained, “ that whereas the said James was indebted, the 20th day of December 1832, to the said N. Lewis, administrator as aforesaid, in the sum of 2646 dollars, for a certain messuage or tenement and premises situated in Dunbar township, Fayette county, containing three hundred and twenty-four acres, strict measure, as ascertained by actual measurement, before that time bargained, sold and released by the said N. Lewis, administrator, &c. to the said James…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
—The defendant being sued for the price of land sold by direction of the orphan’s court, proposed to prove, “ that, by the general understanding of the country, when a whole tract of land which has been officially surveyed is sold by the acre without strict measure being mentioned, the allowance is given inin other words, to refer the law of the contract not to the constitutional interpreters of it, but to interpreters called in by himself. The offer was not to prove a local custom, which if Whitman v. Stoever be still law would not have…
2Cited by6 opinions
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- Foye v. LeightonSuperior Court of New Hampshire · 1850
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