Martin v. Partee
Mississippi Supreme Court
Appeal from the chancery court of Quitman county. Hon. Joe May, Chancellor. Suit by Chas. W. Partee, Jr., against S. E. Martin. Prom a decree for complainant, defendant' appeals. The facts are fully stated in the opinion of the court. The line of authorities relied upon by the plaintiff below, setting up the rule that parol evidence is not admissible to contradict a written instrument, is not applicable to this case. This rule is never applicable in matters of consideration.
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Appeal from the chancery court of Quitman county. Hon. Joe May, Chancellor. Suit by Chas. W. Partee, Jr., against S. E. Martin. Prom a decree for complainant, defendant' appeals. The facts are fully stated in the opinion of the court. The line of authorities relied upon by the plaintiff below, setting up the rule that parol evidence is not admissible to contradict a written instrument, is not applicable to this case. This rule is never applicable in matters of consideration. The testimony offered by Mr. Martin was not an attempt to vary or contradict the deed, but to show that the 1917 taxes…
1Opinion of the CourtSmith, C. J.
' This is an appeal from a decree awarding the appellee, who was complainant in the court below, damages because of the breach by the appellant of a covenant of *488warranty contained in a deed executed by the appellant to the appellee. The appellant 'lives in the State of Tennessee, and the suit was begun by an attachment under the provisions of section 537, Code of 1906 (Hemingway’s Code, section 294).
The appellant sold certain land to the appellee by a warranty deed executed on the 4th day of September, 1917; the consideration therein set forth being five thousand dollar in cash, the…
2Cases cited4 opinions
- Baum v. LynnMississippi Supreme Court · 1895
- English v. New Orleans & North Eastern R. R.Mississippi Supreme Court · 1911
- Thompson v. BryantMississippi Supreme Court · 1897
- Swinney v. CockrellMississippi Supreme Court · 1905
3Cited by5 opinions
- Allen v. AllenMississippi Supreme Court · 1936
- Goff v. JacobsMississippi Supreme Court · 1933
- Paloni v. BeebeUtah Supreme Court · 1941
- Hicks v. SullivanMississippi Supreme Court · 1921
- Davis v. HolifieldMississippi Supreme Court · 1967