Dimmitt v. Johnson

De Grape, J. —

May a plaintiff prove by parol an allegation in the petition which contradicts the terms of a written contract pleaded by him in the same petition? That is the question in this case. To ascertain our latitude and longitude, and thereby determine the locus of the plaintiff, let us examine the facts.

The defendants W. L. and Ida Johnson, husband and wife, executed the mortgage in suit to the plaintiffs, to secure two promissory notes of even date of $15,000 each, and thereafter sold lari<l to the other defendants in this aetion. The petition is an ordinary one to foreeiose a…