Dismukes v. . Wright

It has been contended here, with much earnestness, that the judge erred in this instruction, for, that the jury might legitimately have inferred that there was but one note, from the concluding clause of the deed, the situation of the parties, and the failure of the plaintiff to show that there were two notes, and that the jury might have inferred that the one now sued on was the note intended by the parties to be included in the deed. We think that there was no error in the instruction, for (348) certainly the deed, per se, shows no mistake, and no extrinsic evidence could have been received…