Skinner v. Hendrick
Supreme Court of Connecticut
Action of ejectment, for sixteen acres of land. Issue to the jury. The plaintiff’s title was under a deed given by Elisha Marsh, to one of his sisters. The defendant offered parol evidence to prove that said Elisha delivered said deed to his sister upon certain conditions, which had not been performed; and so said deed was void.
1Opinion of the Court
By the Court.
Parol evidence is not admissible, to prove a deed delivered to the party, to be an escrow; or to prove any parol conditions, which would defeat or control its legal effect and operation. Holt’s Rept. Bushnel v. Pasmore, 213; Lothrop v. Bulkley, New Haven adjourned Superior Court, December 1172; where a parol condition was plead in bar of a note delivered to the plaintiff, and Babcock v. Steadman, adjudged upon a writ of error, that a parol condition cannot defeat or control a note delivered directly to the promisee.— Windham adjourned Superior Court December term, A. D. 1788.
2Cited by2 opinions
- Beers v. BeersMichigan Supreme Court · 1870
- Inhabitants of Reading v. Inhabitants of WestonSupreme Court of Connecticut · 1830