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…
1Dissent
Truly, J.,
delivered the following dissenting opinion:
In order to arrive at the conclusion reached by the majority of the court, it is necessary (1) to admit parol proof to alter and change the terms and conditions of a written contract, though there is neither allegation nor proof of fraud or mistake on the part of either contracting party; (2) having overthrown the recital of payment in the written contract, to add to the promise to pay, which is implied by law to exist between vendor and vendee, a prime lien, which is not retained by the instrument, and which has been expressly relinquished…
2Cases cited7 opinions
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- Lieberman v. Chicago & South Side Rapid Transit RailroadIllinois Supreme Court · 1892
- Ahrend v. OdiorneMassachusetts Supreme Judicial Court · 1875
- Washington v. SoriaMississippi Supreme Court · 1896
- Smith v. AllenWashington Supreme Court · 1897
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