Kimble v. Joslin

Tennessee Superior Court for Law and Equity

Kimble v. Joslin

1 Tenn. 379

CourtTennessee Superior Court for Law and Equity

DecidedOctober 6, 1808

StatusPublished

This text of 1 Tenn. 379 (Kimble v. Joslin) is published on Counsel Stack Legal Research, covering Tennessee Superior Court for Law and Equity primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kimble v. Joslin, 1 Tenn. 379 (Tenn. Ct. App. 1808).

Pincite

Opinion

Debt, upon a bond with a collateral condition. — The condition was for building a house in a manner specified in a former bond.

Under the plea of non infregit conventionem, parol evidence was offered to show what the former bond required, stating it would be proved that the defendant had that bond. This evidence cannot be received unless reasonable notice had been given to produce that bond on the trial, and then, on failure to do so, parol evidence might be received. See 1 Johns. 340; 1 Day 103.

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Debt, upon a bond with a collateral condition. — The condition was for building a house in a manner specified in a former bond.

Under the plea of non infregit conventionem, parol evidence was offered to show what the former bond required, stating it would be proved that the defendant had that bond. This evidence cannot be received unless reasonable notice had been given to produce that bond on the trial, and then, on failure to do so, parol evidence might be received. See 1 Johns. 340; 1 Day 103.

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Bluebook (online)

1 Tenn. 379, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kimble-v-joslin-tennsuperct-1808.

Opinion

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