Apple v. McCullough

Opinion op the Court by

Chief Justice Thomas

Affirming.

The legal question involved in this case is the proper construction and application of section 472 of our present Kentucky Statutes, saying: “The consideration of any writing’, with or without seal, may be impeached or denied by pleading verified by oath. ” It is in a measure at least, but declaratory of the common-law rule, as is illustrated :by the text in 22 C. J. 1157, sec. 1555, saying: “As. a general rule, the recitals of a written instrument as to the consideration are not conclusive, and it is always competent to inquire into the…