Hall v. Turner

Ducicworti-i, Justice.

(After stating the foregoing facts.) The facts of the present case do not show an instance where land was conveyed to one who entered into possession with the record title in his name, and where, as contended by the plaintiff in error, the terms of a plain, unambiguous deed can not be varied or contradicted by parol evidence. Where, as here, an implied trust is sought to be shown by such evidence against one who is not in possession, the provisions of the Code, § 38-501, that “Parol contemporaneous evidence is inadmissible generally to contradict or vary the terms of a…