Rice v. Troup

Citations

• 62 Miss. 186

Syllabus

<p>1. Solicitor- in Chancery. Whether authorized to assign decree.</p> <p>A solicitor employed to collect money by a suit in chancery has no authority by reason of such employment to assign a decree obtained for his client for less than the full amount due thereon.</p> <p>2. Evidence. Parol proof to vary written instrument. Right of stranger and his adversaries.</p> <p>Upon the application of a complainant in a decree for an execution against the defendant therein, who resists, on the ground that the decree has been assigned to a third party by the complainant, it is competent for the latter to show by parol evidence that, though the written assignment is absolute in terms, it was intended by the parties to be only a partial assignment. The defendant, being a stranger to the assignment, is not concluded by its terms, and his adversaries are entitled to-resort to parol proof where he could do so.</p>