Fowlkes v. Lea
Mississippi Supreme Court
From the chancery court of Monroe county. Hon. Henry L. Muldrow, Chancellor. Fowlkes, appellant, was complainant, and Lea, appellee, defendant in the court below. From a decree in defendant’s favor the complainant appealed to the supreme court.
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From the chancery court of Monroe county. Hon. Henry L. Muldrow, Chancellor. Fowlkes, appellant, was complainant, and Lea, appellee, defendant in the court below. From a decree in defendant’s favor the complainant appealed to the supreme court. On the 12th day of December, 1896, appellant, Joseph A. Fowlkes, executed the following deed to his son, Lee A. Fowlkes, conveying about one hundred and forty-eight acres of land described in the deed — to wit: “This indenture made on the 12th day of December, 1896, by and between J. A. Fowlkes, of Monroe county, state of Mississippi, party of the…
1Opinion of the CourtWhitfield, C. J.
It seems immaterial whether the word “be” or the word “him” be the proper word to be supplied in the blank space of this deed. The deed, at all events, contains an acknowledgment of the receipt of the four hundred dollars; and, whether “be” or “him” be supplied, it would still contain such acknowledgment of payment. But this acknowledgment of payment is, in effect, merely a receipt, and may be contradicted by parol. It was contradicted by parol in this case. The chancellor found as a fact, and we concur in that finding, that nothing had been paid, and the deed may therefore be read as if the…
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