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Miles v. Miles

Citations

  • 78 Miss. 904

Syllabus

<p>1. Equitable Mortgage. Deed to son’s interest in father’s estate.</p> <p>A conveyance by one brother to another of his interest in their father’s estate, it being verbally agreed between them and the-father that said interest should be particular lands, is valid, and the lien reserved in the deed for the purchase money may be enforced after the father’s death, the father having, in recognition and confirmation of the deed, invested the grantee with title to-said lands.</p> <p>2. Same. Ambiguity.</p> <p>A deed conveying the grantor’s interest in the estate of his father, • not disclosing the father to be alive, is not void ; while the interest is uncertain, the ambiguity is latent and not patent.</p> <p>3. Same. Parol evidence.</p> <p>Parol evidence is admissible to show the meaning the parties themselves attached to words of description used in a deed.</p>

Judges: Oalhoon

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