McGary v. McDermott

Citations

• 207 Pa. 620
• 57 A. 46
• 1904 Pa. LEXIS 532

Syllabus

<p>Specific performance — Deed — Consideration — Receipt—Evidence— Equity—Responsive answer.</p> <p>Where a bill in equity is filed lor the specific performance of a contract alleged to have been made by the defendant to execute and deliver two judgment notes in consideration of the conveyance to him of an interest in land, it is competent for the plaintiff to show that the consideration named in the deed, viz : one dollar, was not the only consideration for the conveyance ; but if a responsive answer is filed to the bill, such answer must be overcome by the testimony of two witnesses or of one witness and corroborating circumstances.</p> <p>The receipt in a deed is only presumptive evidence of the real consideration and it may be overcome by parol evidence of another or greater consideration, if not directly inconsistent with the deed.</p>