Creigh v. Beelin
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Perry county. The administrators of Henry J. Beelin against John D. Creigh. This was a scire facias upon a mortgage given by John D. Creigh to Henry J. Beelin, to secure the payment of $2965.00, to which the defendant pleaded payment, with leave, &c., and gave the following evidence in support of his defence: 4th May 1833. Agreement between Henry J. Beelin, executor of Francis Beelin, and John D. Creigh, to sell to said Creigh “ The tract on…
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ERROR to the Common Pleas of Perry county. The administrators of Henry J. Beelin against John D. Creigh. This was a scire facias upon a mortgage given by John D. Creigh to Henry J. Beelin, to secure the payment of $2965.00, to which the defendant pleaded payment, with leave, &c., and gave the following evidence in support of his defence: 4th May 1833. Agreement between Henry J. Beelin, executor of Francis Beelin, and John D. Creigh, to sell to said Creigh “ The tract on which there is a saw-mill, adjoining James Van-camp’s heirs and other land of said Beelin, containing about one hundred…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
There is nothing in this case to take it out of the general principle repeatedly settled by this court, that, by the acceptance of the deed, and giving bonds for the purchase money, the articles are merged in the conveyance, and thenceforth become null and void. The tract of land is described in the articles, dated 4th May 1833, as containing about one hundred acres, and surveyed in the name of James Martin; but it was sold at so much an acre, with a provision that it should be ascertained by-survey, and sold by the acre with allowance.…
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