Waggoner v. Magnolia Petroleum Co.

I respectfully dissent. The parol evidence rule applies only in controversies between parties to the instrument, and those claiming under them. Johnson v. Portwood, 89 Tex. 235, 34 S. W. 597 (7), 600, 787; Hughes v. Sandal, 25 Tex. 162; 22 C. J. pp. 1291-1294, and authorities; 10 R. C. L. p, 1020; 3 Jones on Evidence (Horwitz) § 434, p. 155. The creditors of the Burk-Waggoner Oil Company were not parties to the deed, and I doubt whether they claim under it so as to come within the terms of the rule stated. Johnson v. Portwood, supra. But, conceding that they are privies to the deed, appellant…