Lankey's Admr. v. McElroy
Lankey's Admr. v. McElroy
Opinion of the Court
Opinion by
That the truth of a recital in a conveyance may be controverted by parol proof is well settled, and the evidence shows conclusively
The evidence shows that the transaction is in no manner tainted with fraud, and the chancellor acted properly in sustaining it. A recital in a conveyance is competent between the parties to the instrument, but is incompetent against strangers, and when offered against the party making it may, be explained by parol. This is elementary and needs no authority to support it.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.