Dixon v. Cook

Citations

• 47 Miss. 220

Syllabus

<p>X, Evidence — written instruments.— There is no doubt of the general rule that parol evidence is not admissible to contradict the language of written contracts, so as thereby to add to, contradict or vary the contents. But it is competent to resort to extrinsic testimony whenever it is necessary to ascertain the nature, qualities or subjects of written contracts. Illustrations of the rule and its exceptions.</p> <p>2. Same — deeds—case at bar. — Bond for title admitted in evidence to aid defective description contained in deed.</p> <p>3. Unrecorded deeds. — Subsequent purchasers of the same land without notice are the only persons who can complain of and defeat a prior deed because not recorded.</p> <p>4. Adverse possession.- — To constitute adverso possession, two facts must concur: .. Entry, under color of right, and claiming title as against all the world; and 2d: Possession and appropriating the premises to use, publicly and notoriously, so that all other claimants may take notice. Such possession for ten years confers title under our statute.</p> <p>5. Cirouit court sitting- as a jury.— The decision of the circuit judge sitting as a jury by consent of parties will be treated in the supreme court in like manner as a verdict of a jury.</p> <p>6. Precise date op the termination op the civil war in the United States.— April 2d, 1866, the date of the President’s proclamation, has been accepted as the date of the termination of the war.</p>