Campbell v. Stephens

Citations

• 66 Pa. 314
• 1871 Pa. LEXIS 32

Syllabus

<p>1. Stephens died seised of land, Thomas, one of his sons and heirs, having been long absent and unheard of; the others assuming his death,sold the land, the vendee sold to Campbell, who to extinguish the title of Thomas instituted proceedings in partition, took the land at the appraisement and entered into recognisance to Thomas. In a suit on the recognisance, Held, that Campbell was estopped from setting up that Thomas was dead when it was given.</p> <p>2. Campbell paid all the purchase-money to his vendor, except the amount of the recognisance to Thomas; the suit on the recognisance was in the name of Thomas to the use of Campbell’s vendor. The court charged that the person designated in it need have no interest in the fund as the money is to be paid under the order of the court, the recognisance may be moulded as the court may decree. Heldnoi to be error.</p>