Grabow v. McCracken Et Ux.
Supreme Court of Oklahoma
Error from District Court, Kingfisher County; C. F. Irwin, Judge. Action by Johann Garbow against William McCracken and wife. Judgment for defendants, and plaintiff brings error.
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Error from District Court, Kingfisher County; C. F. Irwin, Judge. Action by Johann Garbow against William McCracken and wife. Judgment for defendants, and plaintiff brings error. On the 18th day of October, A. D. 1906, the plaintiff in error, as plaintiff, commenced his action in the probate court of Kingfisher count}', territory of Oklahoma, against the defendants in error, William McCracken and Lucy McCracken, as defendants, by petition in replevin, alleging in due form that he was the owner and lawfully entitled to the immediate possession of certain personal property, to wit, all the corn…
1Opinion of the CourtWilliams, J.
(after stating the facts as above). The sole question for determination is whether, as a part of the consideration of the deed, it was permissible to reserve by parol the standing, ungathered, matured crop of corn and hay on said land.
In the case of Heavilon v. Heavilon, 29 Ind. 513, the court said :
“It is well settled that a vendor, in a suit for. the purchase money, may prove, by parol evidence, the amount thereof, the terms of payment and its nonpayment, notwithstanding the receipt of the purchase money may be acknowledged in the deed. Now, suppose that the defendant, as a part of the…
2Cases cited26 opinions
- Aull Savings Bank v. Aull's AdministratorSupreme Court of Missouri · 1883
- McDill v. GunnIndiana Supreme Court · 1873
- Heavilon v. HeavilonIndiana Supreme Court · 1868
- Phillips v. KeysawSupreme Court of Oklahoma · 1899
- Harvey v. MillionIndiana Supreme Court · 1879
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3Cited by9 opinions
- Myers v. HubbardSupreme Court of Oklahoma · 1920
- Blough v. SteffensMichigan Supreme Court · 1957
- Bristow v. CarrigerSupreme Court of Oklahoma · 1909
- Willard v. HigdonCourt of Appeals of Maryland · 1914
- Bjornson v. RostadSouth Dakota Supreme Court · 1912
4 more not listed; retrieve them via the Exa API.