5 Whart. 452 | Pa. | 1840
The opinion of the Court was delivered by
The rule that a person cannpt be a witness to invalidate an instrument to which he is a party, is confined to paper strictly negotiable, and which has been actually negotiated. Although then, there is nothing in that exception, yet the witness was properly excluded, on the objection of interest, for if the assignee fails ,to
The other exceptions to the charge, on an intimation from the Court, were properly abandoned. The defendant who is a bona fide purchaser, cannot be affected by articles of agreement unless he had notice of their contents; and there is nothing in this deed which can lead him to a knowledge of the existence of any secret lien on the premises. It was essential to a recovery, that'the jury should be satisfied that the sum for which the suit is brought, was charged on the land ; that the defendant knew it, and agreed that it .should be so. The proceedings of the .Orphans’ Court do not make it a lien, but they distinctly show, that by operation of law, it was paid. An erroneous opinion of the facts, if any such there be, is not the subject of error, and can only be corrected on a motion fora new trial!
Judgment affirmed.
Ante. Page 446.