Baughman ex rel. Over v. Divler

Debt on bond, conditioned for the payment of 500 dollars on the 1st February 1797. Plea payment, with leave, &c. tender and refusal. The defendant’s specification was as follows. The bond was given in consideration of the plaintiff’s transferring to him a legacy devised to his wife Catharine of a residuary share of the estate of her father, John Fissel, deceased, for 600 dollars, whereof he had paid 100 dollars, and given this bond for the residue; previous to the transfer, the plaintiff bought sundry articles of the executors of Fissel at public vendue, amounting to 39I. 7s. 9d., which on…