Thompson Beach v. Packard
Supreme Court of Vermont
Assumpsit, to recover the price of a piece of land, deeded by the plaintiff to the defendant, on the 30th day of March, 1832. Plea — General issue, and joinder to the country. On the trial of the cause in the County Court, the plains tiff offered, in evidence, a copy of his deed ,to the defendant, dated March 30th, 1832, which was not objected to.
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Assumpsit, to recover the price of a piece of land, deeded by the plaintiff to the defendant, on the 30th day of March, 1832. Plea — General issue, and joinder to the country. On the trial of the cause in the County Court, the plains tiff offered, in evidence, a copy of his deed ,to the defendant, dated March 30th, 1832, which was not objected to. The deed was a deed of warranty, in common form, and the grantor, in and by said deed, aeknoy/ledged that he had re-, ceived the consideration money. The plaintiff also offered parol evidence, tending to prove, that after the date of said deed, the…
1Opinion of the Court
The opinion of the Court was delivered by
Collamer, J.
Parol evidence cannot be admitted to vary; contradict, add to or control a deed or written contract. /The deed of bargain and sale, between these parties, had for its object the- conveyance of certain land ; and the extent of the land conveyed, the parties thereto, the estate conveyed thereby, and the covenants attending it, could not be affected by parol proof; and even-that part, which relates to the consideration, or the payment thereof, could not be contradicted or varied, by parol, so as in any way to affect the purpose of the deed,…
2Cases cited1 opinion
- Wilkinson v. ScottMassachusetts Supreme Judicial Court · 1821
3Cited by13 opinions
- Bever v. NorthIndiana Supreme Court · 1886
- Arthur v. ArthurNew York Supreme Court · 1850
- Collins v. TillouSupreme Court of Connecticut · 1857
- Wood v. JamesSupreme Court of Vermont · 1918
- White v. MillerSupreme Court of Vermont · 1850
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