Pennsylvania v. Simms
Pennsylvania Court of Common Pleas, Washington County
TWO bonds, each in the penalty of 478l. and for the payment of 239l. were given by Charles Simms to Alexander Ross on 24th August, 1775; one of them payable in two years, the other in three, from the date of the bonds.
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TWO bonds, each in the penalty of 478l. and for the payment of 239l. were given by Charles Simms to Alexander Ross on 24th August, 1775; one of them payable in two years, the other in three, from the date of the bonds. The property of Alexander Ross being confiscated by the “act for the attainder of divers traitors,” &c. the agents for confiscated property in Westmoreland obtained these bonds from the persons in whole custody they were left, by A. Ross, and issued two foreign attachments, founded on them, by which land of the defendants in the county of Washington was attached. Special bail…
1Opinion of the Court
President suggested, that Simms, disclaiming all right to these lands under this title, and refusing to pay the consideration money, ought, at least, to release this title to the state. Mr. Simms immediately offered to do this; but Mr. Bradford thought it not worth accepting.
President directed the jury, that, if they thought it the meaning of the parties to buy and sell a legal title, they should find for the defendant. But if it was their meaning to buy and sell only a claim or occupancy, which might be beneficial or otherwise, they should find for the plaintiff. This is not the case of an…
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