Fowlkes v. Lea

Citations

• 84 Miss. 509

Syllabus

<p>1. Deeds. Acknowledgment of purchase money. Receipt. Parol evidence.</p> <p>An acknowledgment of the payment of the purchase money contained in a deed is but a receipt and may be contradicted by parol evidence.</p> <p>2. Same. Statute of limitations. Code 1892, ? 2737. Written, promise.</p> <p>A recital of a consideration in a deed, which is proved not to have been paid, is a promise in writing by the grantee to pay it, and such promise is only barred by the statute of limitations (Code 1892, § 2737), applicable to written promises.</p>