Ludwick v. Croll
Supreme Court of Pennsylvania
Debt 550i. Plea, payment, with leave to give the special matter in evidence. Replication non solvit and issue. The facts on the trial appears as follow : Bollinger^ an inhabitant of North Carolina, an adventure of slender property, claimed a right to 1,152 000 acres of land in Powel’s Valley in the state of Kentucky, under a pretended survey made on the 18th June 1795. This survey, on the face of it, bore the plainest marks of a forgery, and was admitted to be such by the…
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Debt 550i. Plea, payment, with leave to give the special matter in evidence. Replication non solvit and issue. The facts on the trial appears as follow : Bollinger^ an inhabitant of North Carolina, an adventure of slender property, claimed a right to 1,152 000 acres of land in Powel’s Valley in the state of Kentucky, under a pretended survey made on the 18th June 1795. This survey, on the face of it, bore the plainest marks of a forgery, and was admitted to be such by the plaintiff’s counsel. On the 8th June 1796, he conveyed these lands to the defendant and four others, in consideration of…
1Opinion of the Court
Sed per cur.
If the plaintiff] ignorant of the unfairness of the original transaction, had been induced to obtain the assignment of the obligation, by the defendant’s promise to pay it, the latter ought to be bound by his engagement, notwithstanding the great hardship of the case; for he would be the cause of the deception, and ]ns admission would operate as a new contract between himself and the plaintiff. But the acknowledgments in the present instance, could not have iufiuenced the plaintiff’s conduct, having been made several months after the assignment.
Equity will relieve against a plain…
2Cited by4 opinions
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- Muchmore v. BatesIndiana Supreme Court · 1823
- Scott v. JonesU.S. Circuit Court for the District of Virginia · 1812
- Gilpin v. SmithMississippi Supreme Court · 1848