Young v. Salley
Mississippi Supreme Court
Eeom the circuit court of Webster county. Hon. William: E. Stevens, Judge. The appellant, Young, was plaintiff, and the appellee, Salley, was defendant in the court below. The opinion states the case. The excluded testimony of the plaintiff, Young, was clearly admissible. It was not offered to contradict or vary a written instrument, but to ascertain the qualities, nature, and description of the subject of a contract.
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Eeom the circuit court of Webster county. Hon. William: E. Stevens, Judge. The appellant, Young, was plaintiff, and the appellee, Salley, was defendant in the court below. The opinion states the case. The excluded testimony of the plaintiff, Young, was clearly admissible. It was not offered to contradict or vary a written instrument, but to ascertain the qualities, nature, and description of the subject of a contract. Dixon v. Ooolc, 47 Miss., 220. Extrinsic evidence is admissible for the identification of the thing as well as the person intended by the maker of an instrument. Peacher v.…
1Opinion of the Court
CalhooNj T.,
delivered the opinion of the court.
Young brought replevin on March 12, 1903, against Salley for “one sorrel blaze face mare,” and, as evidence in his behalf, offered the following paper:
“Sixty days after date I promise to pay D. B. Young $65.00 for one mare. The title of said mare is to remain in D. B. Young until paid for. This 8 July, 1902.
“T. J. X HARPER.”
To the introduction of this Salley objected on the sole ground of the insufficiency of the desrciption of the mare, and the court sustained the objection, and Young excepted. Young then offered to prove that the mare seized in…
2Cases cited4 opinions
- Ketchum v. BrennanMississippi Supreme Court · 1876
- Duke v. ShacklefordMississippi Supreme Court · 1879
- Cowden v. LockridgeMississippi Supreme Court · 1882
- Gayden v. TuftsMississippi Supreme Court · 1891
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