Legal Opinion

Dixon v. Milling

Mississippi Supreme Court

Decided March 15, 1912PublishedCited by 21 opinions

Appeal from the chancery court of Neshoba county. IIon. James P. McCool, Chancellor. Suit by Mrs. Nora Milling and others against S. I. Dixon. From a decree for plaintiff, defendant appeals. The facts are fully stated in the opinion of The court. Appellees, by their hill, and the entire proceedings shown by this record, undertake to completely destroy and blot out a good and valid deed on its face, by parol testimony, a proposition as we believe, unknown to the law.

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Appeal from the chancery court of Neshoba county. IIon. James P. McCool, Chancellor. Suit by Mrs. Nora Milling and others against S. I. Dixon. From a decree for plaintiff, defendant appeals. The facts are fully stated in the opinion of The court. Appellees, by their hill, and the entire proceedings shown by this record, undertake to completely destroy and blot out a good and valid deed on its face, by parol testimony, a proposition as we believe, unknown to the law. It is elementary that you can introduce parol testimony to aid in the construction of a deed where there is a latent ambiguity…

1Opinion of the CourtReed, J.

The appellees filed their bill to cancel a deed executed and delivered by them to appellant for failure of consideration. The deed states the consideration to be “one dollar paid in hand.” The appellees claim the real consideration to be the promise by appellant to care for and support their mother, Mrs. Sarah J. Dixon. She is the widow of John C. Dixon, who executed a deed in 1877,. conveying to her the land in controversy for her life, and the remainder to his nine ‘children. Appellant is one-of the' children.

It is claimed that appellant failed to care for and support his mother during the…

2Cases cited2 opinions

  1. Gardner v. KnightSupreme Court of Alabama · 1899
  2. Day v. DavisMississippi Supreme Court · 1886

3Cited by21 opinions

  1. Bourn v. BournMississippi Supreme Court · 1932
  2. Johnson v. ChambleeSupreme Court of Alabama · 1919
  3. Campbell v. State Highway CommissionMississippi Supreme Court · 1951
  4. Lee v. McMorriesMississippi Supreme Court · 1914
  5. Leggett v. GrahamMississippi Supreme Court · 1969

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