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2 Pennyp. 313

Clement's Appeal

Supreme Court of Pennsylvania

Decided May 8, 1882

Supreme Court of Pennsylvania · decided 1882-05-08

Appeal of Ira T. Clement from the decree of the Court of Common Pleas of Northumberland County, confirming the report of a master recommending the reformation of a bond executed by Clement as surety. Held: equity would afford him relief on the bond against the sureties.

Decided 1882-05-08

— Per Curiam :

¶1That a bond to secure the amount of a sale by order of the Orphans’ Court by an administrator in the penalty of eight dollars was a clerical error was manifest on its face. There was evidence that the appellant was told it was to be eight hundred dollars. In such a case, supported by the prima facies of the mistake, we need hardly demand such indubitable proof of mistake as is required in ordinary cases.

¶2Decree affirmed and appeal dismissed at -the costs of the appellant.

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