Thomas v. Barker
Supreme Court of Alabama
Thomas v. Barker, 37 Ala. 392 (Ala. 1861)
Stone
Thomas v. Barker
Opinion of the Court
“ Evidence maybe received of a considera-tion not mentioned in a deed, provided it be not inconsistent with the consideration expressed in it.” — 1 Greenl. Ev. 285, 304; Jeffrey v. Walton, 1 Stark. Rep. 267.— The proof in 'this case did not change the nature or legal effect of the writing: .it only established an additional consideration, not mentioned, in tlie deed, but yet not inconsistent with it. It was properly admitted. — Dixon v. Barclay, 22 Ala. 370 ; Eckles & Brown v. Carter, 26 Ala. 563 ; Hair v. Little, 28 Ala. 236.
Judgment affirmed.
Reference
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- THOMAS v. BARKER
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