Hall v. Hall
Superior Court of New Hampshire
Assumpsit for land sold and conveyed, and money had and received. After a verdict for the plaintiff, in the common pleas, the defendant’s counsel moved to set it aside, upon the following case.
Read the full summary
Assumpsit for land sold and conveyed, and money had and received. After a verdict for the plaintiff, in the common pleas, the defendant’s counsel moved to set it aside, upon the following case. On the third of December, 1828, the plaintiff was indebted to one Noah Burnham, in the sum of $215, to secure which Burnham had a deed of certain land from the plaintiff ; and on that day the plaintiff made a contract with the defendant to pay the debt, and take from the plaintiff a conveyance of said land. The defendant at that time assumed the debt due to Burnham, who released to the plaintiff, and…
1Opinion of the CourtParkeb, J.
Evidence of the nature of that offered in this case could not be received to show that the defendant held the land in trust for the plaintiff, or to make him liable for not reconveying it to the plaintiff, upon an agreement that he would do so on the repayment of the amount paid to Burnham. It would be an attempt to vary and control the written contract, contained in the deed, by oral testimony.
The evidence in this case was not offered for such a purpose. It is not denied on the part of the plaintiff that on the execution of the deed the defendant became the absolute owner of the premises:…
2Cases cited5 opinions
- Wilkinson v. ScottMassachusetts Supreme Judicial Court · 1821
- Shephard v. LittleNew York Supreme Court · 1817
- Flint v. SheldonMassachusetts Supreme Judicial Court · 1816
- Boyd v. StoneMassachusetts Supreme Judicial Court · 1814
- Morse v. ShattuckSuperior Court of New Hampshire · 1827
3Cited by1 opinion
- Gosselin v. Better Homes, Inc.Supreme Judicial Court of Maine · 1969