| Mass. | Oct 15, 1811

Curia.

This was an attempt to control the effect of a written and sealed instrument, by parole evidence, which is never permitted. Supposing this encumbrance known, it was still competent to the defendant to covenant with his grantee to save him harmless from its effects; and if such was not his intention, he should have ex cepted it out of his general covenants.

Judgment on the verdict

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