Wolfe v. Hauver
Court of Appeals of Maryland
Appeal from Frederick County Court. This was an action of trespass upon the case, &c., commenced on the 27th January 1841, by the appellee against the appellant.
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Appeal from Frederick County Court. This was an action of trespass upon the case, &c., commenced on the 27th January 1841, by the appellee against the appellant. The plaintiff below declared for, that the defendant “was indebted to the said George, in his life time, in the sum of, &c., current money, for certain parts or parcels of land called Good Luck, &c., in the whole 202£ acres of land, before that time bargained and sold by the said George, in his life time, to the said David, and under and by virtue of that bargain and sale delivered, and by deed of bargain and sale by the said George,…
1Opinion of the CourtArcher, J.
The first question which arises in this case is as to the admissibility of parol evidence to show that the consideration acknowledged in a deed to have been paid, has not in fact been paid. Much contrariety of decision prevails in the various courts upon this question. The later English cases appear to be decisive against the admission of such testimony; while in this country the weight of authority is the other way. In Ohio, Kentucky, South Carolina, Pennsylvania, New York, Connecticut, New Hampshire and Massachusetts, the acknowledgment of the receipt of the consideration money in a deed…
2Cases cited2 opinions
- Shephard v. LittleNew York Supreme Court · 1817
- Dixon ex rel. Berry v. SwiggettGeneral Court of Virginia · 1802
3Cited by17 opinions
- Ali v. StateCourt of Appeals of Maryland · 1988
- Shepherd v. BevinCourt of Appeals of Maryland · 1850
- J. A. Laporte Corp. v. Pennsylvania-Dixie Cement Corp.Court of Appeals of Maryland · 1933
- Rosenthal v. HeftCourt of Appeals of Maryland · 1928
- MatthewsCourt of Appeals of Maryland · 1863
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