Cronister v. Cronister

As between a vendor and vendee of land, the acceptance of a deed and execution and delivery of bonds for the purchase money, closes the question upon the agreement, merges it in the conveyance, and precludes the parties from after-wards claiming, either on the one side an allowance for a deficiency in the land, or on the other payment for a surplus.

ERROR to the Common Pleas of Adams county. William Patterson, executor of Henry Cronister, against John Cronister. This was an action of debt upon a bond, dated the 10th of February 1816, for the payment of $20 on the 1st of April 1839. The defendant gave the following evidence: Agreement made and concluded upon this 5th day of September 1814, between Henry Cronister, of Reading township, Adams county, and State of Pennsylvania, of the one part, and John Cronister of the same place, county and state aforesaid, of the other part, witnesseth that the said Henry for and in consideration of the sum of. $26.67 per acre, paid in the way. and manner hereinafter mentioned, hath granted, bargained, and sold, and, by these presents, doth grant, bargain, and s,ell .unto the said John and to his heirs and assigns, all the following described tract of land, situate in the township aforesaid, adjoining lands of Daniel Deardorff,' William Hódge, and other lands of the said Henry, containing, according to a late survey, 32 acres, 61 perches and allowance, to be to the only proper use, benefit, and behoof of the said John, his heirs and assigns for ever. And the said John is to be allowed the sum of $266.67, the hand-money of the aforesaid land; which sum is to remain, without interest, till a final settlement is made respecting the said Henry’s estate, said John giving his bond for said sum; and the residue said John is to pay in gales of $20, on the 1st day of April yearly, till all is paid: said Henry is to make a clear patent deed for said land as soon as convenient, said John giving his obligations for the yearly gales. And for the true performance, &c. Survey—made by William Patterson, 18th of March 1813—34 acres, 61 perches, neat measure, or 32 acres, 61 perches and allowance. Calculation of the purchase money for 32 acres, 61 perches, at $26.67 per acre. Admitted that the bond is one of a series predicated on the calculation, and that defendant has paid as much as the tract of land would be at $26.67 per acre, by correct, measurement. David M’Millan affirmed. I made a survey of the land sold by Henry Cronister to his son John. I made it 25 acres, 94 perches. I surveyed it on the 1st day of April 1838. Admitted that the deed and bonds were drawn by William Patterson, the plaintiff, and that he made the survey referred to in the articles of agreement. The plaintiff then gave in evidence: Deed from Henry to John, dated 10th of February 1816, for the consideration of $863.59; quantity of land 32 acres, 61 perches and allowance. The court below thus instructed the jury. Durkee, President.—Admitting the facts to be precisely as alleged by the defendant, they do not constitute a defence. The case is governed by a principle of law, founded in policy and repeatedly sanctioned by the Supreme Court, which, in the absence of fraud, precludes all inquiry as to the real quantity of the land, and leaves the defendant to pay the whole amount of purchase money, according to the estimated quantity named in the article of agreement and in the deed. You will therefore render a verdict for the plaintiff, regardless of the hardships it may involve on the part of the defendant, for the amount of the bond and interest.