Campbell v. Shrum
Supreme Court of Pennsylvania
ERROR to the common pleas of Alleghany county. This was an action of covenant by Henry Shrum for the use of Thomas Astley against Robert Campbell.
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ERROR to the common pleas of Alleghany county. This was an action of covenant by Henry Shrum for the use of Thomas Astley against Robert Campbell. On the 2d of January 1805, Thomas Astley and James Gibson sold, by articles of agreement, a tract of land to Henry Shrum, the plaintiff On the 27th of September 1814, Henry Shrum entered into an agreement, under seal, with Robert Campbell, to convey to him the same land, in consideration of the sum of 34Í dollars and 75 cents, “subject to the payment of all the purchase money and interest, now due on an article of agreement between Thomas Astley…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
Ten errors, in relation to matters of evidence and the charge of the court below, have been assigned in this court. Several of them having been waived in the argument here, I shall confine myself to such as the plaintiff in error has urged as material.
The main question is, whether the words of the articles of the 27th of September 1814, between Shrum, the plaintiff below, and Campbell the defendant, constitute a covenant on the part of Campbell to pay the arrears of purchase money and interest due by Shrum to Astley and Gibson, under the…
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