13 Me. 233 | Me. | 1836
The action was continued nisi, and the opinion of the Court afterwards drawn up by
According to the case of Steele v. Adams, cited in the argument, the plaintiff is estopped to deny the receipt of the consideration stated in the deed, upon which the defendant relies. But he is not estopped to prove, that there were other considerations, than that expressed. The authorities, to establish this position, are collected and cited in the case of Tyler v. Carlton, 7 Greenl. 175, to which we refer. It is very clear, that the deed did not express the whole consideration. That deed conveyed four tenths of the Balize township, for the consideration therein expressed of three hundred dollars. But by the con
In the opinion of the Court, the legal objections made by the defendant cannot be sustained.
Judgment on the verdict.