80 So. 536 | Ala. | 1918
We made a statement of the law of this case in Weil v. Hill,
Appellant quotes a definition of estoppel in pais from Clanton v. Scruggs,
Appellant seeks to destroy the effect of the clause written in the deed from Young to Josie W. Hubbard (Mrs. Winn) by recourse to a previous parol agreement, the effect of which has been stated, and by proof that she knew nothing of its omission from the deed until this bill was filed. It is also insisted that the fact that Mrs. Winn was at the time of Young's deed to her a minor should suffice to release appellant from the implied covenant. To this last point McCarthy v. Nicrosi,
"An executed writing contains all the stipulations, engagements, and promises the parties intended to make and assume, and that all previous negotiations, conversations, and parol agreements are merged in the terms of the instrument." Sellers v. Dickert,
The alleged agreement constituted a secret equity as between Mrs. Winn and Young, but appellee, who purchased for value, had no notice of its existence. He purchased a title affected by the benefit of the covenant. The secret equity is unavailing as against him. Silvey v. Cook,
The decree is affirmed.
Affirmed.
ANDERSON, C. J., and McCLELLAN and GARDNER, JJ., concur.