¶1The plaintiff is entitled to judgment. The defendant has waived his election by filing his exceptions to the report. If he had thought proper he might in due time have tendered the deed as an escrow; but he was precluded at the time of the final judgment, and the court could not then by their act, after the day was passed, have granted him further time to tender the deed.
1 Yeates 76
Brown v. Young
Decided September 15, 1791
Supreme Court of Pennsylvania · decided 1791-09-15
Scire facias sur report of auditors. Plea, nul tiel record. The plaintiff shewed to the court a record of the Court of Common Pleas, whereby it appeared that the matters in dispute had been submitted by the testator and defendant to referees', and that the referees had awarded, that the defendant should make a deed to the testator for five thousand acie& of land in Harrison county in Virginia, or pay to the testator 104I. 3s. 6d. This report was filed 15th October 1787, and…
Decided 1791-09-15