Dixon ex rel. Berry v. Swiggett
General Court of Virginia
This was an action of general indebitatus assump- . * sit, with also a count ior a Quantum valebat, tor mo- * ^Ie consideration for certain lands in Caroline county sold and conveyed by the plaintiff to the dc- , , , tOllUcint* . . m support of their case, offered parol testimony to prove, that the full consideration money had never been paid.
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This was an action of general indebitatus assump- . * sit, with also a count ior a Quantum valebat, tor mo- * ^Ie consideration for certain lands in Caroline county sold and conveyed by the plaintiff to the dc- , , , tOllUcint* . . m support of their case, offered parol testimony to prove, that the full consideration money had never been paid. They admitted the execution of the deed of bargain and sale conveying the land, and voluntarily exhibited a copy of it, wherein, according to the usual form, the full consideration money was acknowledged to have been received; and on the back, between…
1Opinion of the Court
The Court were of opinion, that the plaintiff in this case could not give any parol testimony to prove the nonpayment of the consideration money, contrary to his express acknowledgment of it on the face of the deed.
The PeaiNTief NONsuited.
2Cited by2 opinions
- Wolfe v. HauverCourt of Appeals of Maryland · 1843
- Lingan v. HendersonHigh Court of Chancery of Maryland · 1821