9 Watts 462 | Pa. | 1840
The opinion of the Court was delivered'by
The first error assigned is, that the court below overruled the objection, made by the plaintiff’s counsel, to the admission of John Johnson and Philip Wolfersberger, offered as witnesses on the part of the defendant, on the ground that they were
As to the remaining errors, we are of opinion, that none of them are sustainable. Admitting fhat the plaintiff was ignorant of the fact when he paid the money, that satisfaction in full was .entered bn the mortgage from Johnson to Wolfersberger, still, if the money had never been paid, and was justly coming to the defendant, though not from the plaintiff, the defendant might very fairly .and honestly receive it, when offered to him by the plaintiff, unless it were, that the defendant had by s.o.me misrepresentation, made on his part, led the plaintiff into the mistake or error under which he paid the money. From the evidence, however, it does not.appear, that there is the least ground for making an insinuation of the kind. But there is some evidence tending to prove, that the plaintiff, when he bought the property at sheriff’s sale, was under the impression, that it was boupd by the .prior mortgage given to Wolfersberger, for the payment of the money coming to the defendant, and if this were so, it may be inferred, that he bid so much less for the property, belieying that if he bought, he would have to pay the debt coming to the defendant, before he could hold it discharged from incumbrances. But
Judgment reversed, and a venire de novo awarded.