Kerr v. Kuykendall

Citations

• 44 Miss. 137

Syllabus

<p>X. Reax. e spate — What is a section of land.— Six hundred and forty aero®, is the strictly legal complement of a section. Yet it is -well known that not one section in ton, contains that quantity. Some contain moro, some less, but they are sections, nevertheless.</p> <p>2. Real estate — Conveyance on tract — Deficit.—A conveyance of a particular tract, without specification of quantity, does not bind the vendor to warrant any numbor of acres, although there may havo boon an expectation founded on documents that the number of acres would be as great or greater than it turnod out to be on a subsequent survey.</p> <p>3. Same — Tract sold in gross — Deficit_Where a specific tract is sold for a sum in gross, tho boundaries of the tract control the description of the quantity, and neither party can have a remedy for an excess or deficit.</p> <p>4. Written contracts — Inadmissibility of parol evidence. — Whore parties havo deliberately put their engagement in writing, it is conclusively presumed that the whole contract and the entire extent of their undertaking were reducod to writing, and oral testimony of a previous contemporaneous or subsequent colloquium is rejected as it would tend to substitute a new contract for the one really agreed on.</p>