OLLENNU J.: (His lordship stated the facts, and continued : -
It was submitted on behalf of the plaintiff that as the land had been conveyed to the defendant under a solemn deed of conveyance, it was not open to her either to plead (or to lead evidence to prove) a prior sale of - the same land to her by an oral agreement. It was further submitted that the effect of that extrinsic evidence of events which happened prior to the execution of the deed is to vary the contents of the solemn deed.
I cannot see the force of this submission. No objection was raised to the admission of the evidence in question; in fact, one of the pieces of evidence in that behalf was tendered on behalf of the plaintiff. I refer to Exhibit “E”, which is a receipt Afful gave to the defendant some time before the date of the execution of the defendant’s document, and it is for part-payment made by the defendant of the price of the land.
I understand the law to be that extrinsic evidence of transactions which have cu…