Sewell v. Harkey

(on rehearing). It is earnestly urged by counsel for appellant that, even though there is no bill of exceptions in the transcript, still error was shown in the record because it appears therefrom that the lower court, in awarding judgment in favor of appellee, necessarily relied ón oral testimony offered to contradict the terms of the deed (executed by appellee to appellant, Annie Quinn Sewell) as to the consideration. This deed recites that the consideration thereof was “the sum of $2 to us in hand paid,” and the lower court permitted oral testimony to be introduced to show that $2 was not…