2 Blackf. 101 | Ind. | 1827
Ably B. Aborn filed her bill in chancery in the Floyd Circuit Court against Moses Eastburn, heir at law, and Alexander S. Burnett, administrator of John Eastburn, deceased,
This was wrong. The Court ought to have been satisfied that the publication had been made, agreeably to their order, prior to the rendition of a decree which would affect the interest of the heir at law. This circumstance might be less important, if the decree were otherwise clear of objection. The decree is founded on parol evidence of the declarations of the complainant, in certain conversations with the witnesses, or in their hearing, unaided by any circumstance of fraud, mistake, or accident; a species of evidence extremely liable to be misunderstood or perverted, very difficult to be assailed, and at the same time so evanescent, that great caution ought to be used in admitting it to control an absolute deed. The cases where Courts have admitted parol evidence to interfere with written contracts, have generally been where there existed some equity
The decree is reversed with costs. Cause re-> manded, &c.