Carr v. Hobbs

Tuck, J., delivered the opinion of this court. This bill was filed by the appellee’s intestate, Isaiah Bell, in his life time, against the administrator and heirs of Jesse Bell, to enforce payment of the purchase money of a parcel of land which the former had sold to the latter, and conveyed by deed dated the 20th of September 1843. The consideration of one thousand dollars is acknowledged, in the deed, to have been paid; and there is endorsed thereon a receipt to the same effect. It is alleged, in the bill, that the real consideration was eighteen hundred dollars, as it was estimated, that is to say, one thousand thereof to be paid in money, and the balance by boarding and maintaining the grantor; but there is no reason shown why this part of the consideration was not mentioned in the deed.

This statement in the bill is not sustained by evidence; but the complainant’s witnesses prove that Jesse Beil admitted to them that the true consideration was six hundred dollars in money, and that he was to support his father during the residue of his life. Evidence was also offered that the consideration, with exception of the maintenance, had been paid. The court below adopted the admissions of Jesse Bell, as to the consideration, and decreed payment accordingly, after allowing the defendants credit for the use and occupation of the land, which was in possession of the grantor from a short time after the deed until his death. The acknowledgment and receipt for the purchase money being only prima facie evidence of payment, (Higdon vs. Thomas, 1 H. & G., 139 ,) the appellee seeks to rebut the presumption, by showing the pecuniary condition of Jesse Bell, his inability to have paid so large a sum of money, and admissions made by him, that he had not paid for the land.

We consider the evidence sufficient, laying out of view the testimony of Isaac Bell, on which very little, if any, reliance can be placed. We do not intimate that this witness stands impeached, but we think he must have been in error as to the matters of which he speaks, touching this alleged payment. There is confusion in his testimony which cannot be reconciled with the idea that Jesse Bell ever paid this money, and ²⁹⁴ he admitted, to the other witnesses, that he had not paid it. This view of.the case is supported by other circumstances proved in the record.

If he had paid for the land, we do not suppose he would have left it, and remained away until the time of his death, allowing the grantor to remain in possession, while he was toiling elsewhere for the support of his family. On the contrary, he said he had left the place, that he and his father could not live together, and that he wished him to pay the expense of the deeds, and take the land back. The purchase money being due, we are to consider what it was, and how its payment can be enforced. Bills of this kind are of the nature of those for specific performance of contracts.

Elysville Co. vs. Okisko Co., 5 Md. Rep., 152 . There ought to be certainty.in the agreement, and it should be proved as alleged in pleading. 3 Md. Rep., 480 , Canal Co., vs. Young. 4 Md. Rep., 459 , Mundorff vs. Kilbourn. 5 Md. Rep., 18, Stoddert vs. Bowie's Exc'r. Here the bill relies upon one consideration, the proof shows another, while the deed states one different from both these. We have only the declarations of the grantor, as made in the bill, and those of the grantee, as proved by witnesses.

If the statement in the bill were thus established, we should merely have to decide whether admissions by the parties of the same consideration, should prevail over the deed; but here they do not agree. Solemn instruments are not to be lightly dealt with. They are supposed to furnish the best evidence of the mind of the parlies, though, in some cases, they will be allowed to have effect against their literal meaning; or rather, a different agreement will be enforced, as where fraud or mistake is alleged and proved, which is not the predicament of these parties. The deed, for aught that appears, was drawn as it was designed to be, but the