Scott v. Wiggins
Supreme Court of South Carolina
Action between Ben Scott and others and M. E. Wiggins. Judgment in favor of the latter, and the former appeal. submits: That a covenant of general warranty, in a deed of conveyance, embraces covenant against encumbrances: 12 S. C. 62; 30 S. C. Eq. 374; 10 S. C. E. 104; 27 S. C. 197. Parol testimony cannot be introduced to vary, add to or alter a written instrument, which in itself is plain and free from doubt: 24 S. C. 128; 69 S. C. 99; Greenleaf on Evidence, sec. 277; 27 S.…
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Action between Ben Scott and others and M. E. Wiggins. Judgment in favor of the latter, and the former appeal. submits: That a covenant of general warranty, in a deed of conveyance, embraces covenant against encumbrances: 12 S. C. 62; 30 S. C. Eq. 374; 10 S. C. E. 104; 27 S. C. 197. Parol testimony cannot be introduced to vary, add to or alter a written instrument, which in itself is plain and free from doubt: 24 S. C. 128; 69 S. C. 99; Greenleaf on Evidence, sec. 277; 27 S. C. 380. submits: Parol evidence is admissible to show the manner in which consideration or purchase money expressed in…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gage.
The exceptions make two question: (1) When the deed recited, “In consideration of $1,200 to me in hand paid at and before the sealing of these presents,” was it competent to prove by a witness that of the $1,200 as much as $400 was by agreement of the parties not paid, but was reserved by the vendee to pay an outstanding incumbrance on the property conveyed? (2) Was the witness, C. M. Wiggins, who testified to the agreement, excluded by section 438 of the Code of Civil Procedure?
The land in issue was conveyed by Mrs. M. E. Wiggins to…
2Cited by9 opinions
- Halsey v. Minnesota-South Carolina Land & Timber Co.Supreme Court of South Carolina · 1934
- Gladden v. KeistlerSupreme Court of South Carolina · 1927
- Wigfall v. FobbsSupreme Court of South Carolina · 1988
- Harris v. Thelma McIntosh BerrySupreme Court of South Carolina · 1957
- Knighton v. Desportes Merc. Co.Supreme Court of South Carolina · 1922
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