[Return to Alabama Supreme Court Cases]
Genealogical Gleanings From
Reports of Cases Determined in the
Supreme Court of Alabama, 1820-1826
In general the declarations of one party made in the absence of the other cannot be given in evidence in his own favor, though they may be against him; nor can verbal evidence be received to alter or contradict the nature or terms of a written agreement. It does not materially vary the cause to consider Urquhart the agent of Carroll. If the declarations had been made to Carroll himself at the time of signing the agreement, they could not be received as evidence for Wesson. They would go to prove other terms or conditions than those expressed in the written agreement.
Source: Henry Minor, Reporter, Reports of Cases Determined in the Supreme Court of Alabama From May, 1820, to July, 1826 (Atlanta: 1891), pp. 251-252.