Baum v. Lynn
Mississippi Supreme Court
From the chancery court of Warren county. HoN. Claude Pintard, Chancellor. The facts are stated in the opinion. The recital of the consideration in the deed is always open to parol proof. 17 Am. & Eng. Ene. L., 438. Besides, Jno. A. Klein was not a party to the conveyance, and was at liberty to show its true consideration.
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From the chancery court of Warren county. HoN. Claude Pintard, Chancellor. The facts are stated in the opinion. The recital of the consideration in the deed is always open to parol proof. 17 Am. & Eng. Ene. L., 438. Besides, Jno. A. Klein was not a party to the conveyance, and was at liberty to show its true consideration. Parol testimony cannot be admitted if the statement as to the consideration, from its terms and context, manifestly embraces, or is intended to embrace, the whole agreement; or, if it forms a part of the contract, it cannot be varied. In this case, the consideration is a…
1Opinion of the CourtCooper, C. J.
In May, 1873, John A. Klein was appointed guardian to the appellee, by the chancery court of Warren county, and gave bond as guardian in the penalty of two thousand dollars, with George M. Klein and J. F. Baum, appellant’s testator, as sureties. In May, 1874, the appellee became entitled to receive, in distribution from the estate of a relative, another considerable sum of money, and the chancellor required the guardian to execute an additional bond in the penalty of $6,100, *934which he did, with the said George M. Klein and one D. W. Floweree, now deceased, as sureties. The guardian, John A.…
2Cases cited10 opinions
- Eighmie v. . TaylorNew York Court of Appeals · 1885
- Hubbard v. MarshallWisconsin Supreme Court · 1880
- Singer Manufacturing Co. v. ForsythIndiana Supreme Court · 1886
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- Basshor v. ForbesCourt of Appeals of Maryland · 1872
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