2 Rawle 108 | Pa. | 1828
The opinion of the court was delivered by
— On the 25th of March, 1809, Isaac Hill and wife conveyed twenty-eight acres of land on the north side of Bedstone creek to Jonathan Hill and John Tate, in consideration of fifteen hundred dollars! On the 20th of January, 1810, Jonathan Hill and John Tate conveyed the same to Jonathan Sharpless, in con
Jonathan^Sharpless'i No< 273> of October Térm, 1822. John Tate. ) Scire Facias 011 mortgage.
This is the mortgage above recited. On the 2d of September, 1823, John Tate confessed a judgment, by writing filed, for six thousand dollars. On the 15th of August, 1826, the judgment was opened to permit Jonathan Hill, who had purchased the mortgaged- premises at sheriff’s salé as John Tate’s land, to make defence, and the cause was put to issue on the pleas of payment with leave, &c., •and non damnificatus; to which a special replication was made, stating, that 'Sharpless had been obliged to purchase the land from the heirs .of Robert Tate, &c., arid issues on all.-
On the trial of these issues, the plaintiff, after giving in evidence the above deeds, offered to show the amount for which the land sold at public salej since the bringing this suit, in order to show the value of the land sold by Rachel Tate to Jonathan Sharpless, to secure which this mortgage was given; at which sale Jonathan Sharpless was the highest bidder and purchaser. This was object-ed.to, and rejected, and an exception was taken. This was the. first error assigned.
The plaintiff then proved, by John Tate, that at the execution of the mortgage, Jonathan Hill knew thé object for which the plaintiff purchased the land on the south side of the creek from Rachel Tate, and that he intended to erect valuable water-works, and offered the same evidence again as in the former bill of exceptions, accompanying it with the offer of the deed from John and Edward
Judgment affirmed.