Reeves v. Bass
Texas Supreme Court
Appeal from Victoria. Tried below before the Hon. T. C. Barden. Archibald Bass, on the, twenty-third of December, 1867,. executed a deed to his daughter Margaret, the wife of' John A. Reeves, by which he conveyed to her all his stock of cattle and horses, and his farm, including all the land he owned. The consideration expressed in the deed was $1500 cash in hand paid for the stock, and $2500 for the land.
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Appeal from Victoria. Tried below before the Hon. T. C. Barden. Archibald Bass, on the, twenty-third of December, 1867,. executed a deed to his daughter Margaret, the wife of' John A. Reeves, by which he conveyed to her all his stock of cattle and horses, and his farm, including all the land he owned. The consideration expressed in the deed was $1500 cash in hand paid for the stock, and $2500 for the land. On the same day Reeves and wife executed to Bass a receipt for $7000, received by the conveyance of this property as payment in full for her interest in the estate of her deceased mother…
1Opinion of the CourtOgden, P. J.
Counsel for both appellants and appellee agree that there are but two questions to be decided by this court, in order to settle the whole matter in dispute as presented in this record.
First, was parol testimony admissible to prove that the deed or instrument set out as the foundation of this action, though absolute upon its face, was executed for the purpose of establishing a trust in favor of the grantee % The common law rule that parol cotemporaneous evidence is inadmissible to contradict or vary the terms of a valid written instrument, is so generally recognized and thor*631oughly established…
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