Lee v. Newman
Mississippi Supreme Court
Appeal from the Chancery Court of Pike County. Hon. E. G. Peyton, Chancellor. The case is stated in the opinion of the court. 1. The parol evidence of E. S. Newman cannot avail him to contradict the consideration recited in the deed, nor to set up a different contract than that recited in the deed.
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Appeal from the Chancery Court of Pike County. Hon. E. G. Peyton, Chancellor. The case is stated in the opinion of the court. 1. The parol evidence of E. S. Newman cannot avail him to contradict the consideration recited in the deed, nor to set up a different contract than that recited in the deed. Hughes v. Daniel, Walk. 488; Young v. Jocoway, 9 Smed. '& M. 212 ; Bradly v. Garter, 4 Cushm. 282; Bilis v. Kelly, 4 Geo. 685 ; Herndon v. Herndon, 41 Miss. 584 ; Kerr v. Kuykendall, 44 Miss. 137. Although Newman states in his answer that the recital in the deed, as to the consideration thereof,…
1Opinion of the CourtChalmers, J.
M. E. S. Lee loaned to the firm of Enos & Co., of which John M. Newman was a member, the sum of $2,000 in gold, taking a note therefor signed severally by each member of the firm, and receiving at the same time, for the protection of the note, a deed of trust executed by JohnM. Newman on certain lots in the town of Summit. Eighteen months afterwards Newman sold these lots, with certain others, to his son, E. S. Newman, for the sum of $8,000. The consideration is thus recited in the deed from the father to the son: ‘ That said party of the first part (the grantor), for and in consideration of…
2Cases cited15 opinions
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