Error to the Circuit Court of Washington County.

Hon. B. F. Trimble, Judge.

The plaintiffs in error, under their firm name of Meyer, Weis & Co., brought this action of replevin against the defendant in error and .Jacob Ostroffsky. Twenty bales of cotton, seized by the sheriff, were retained by Casey, who claimed them. After the plaintiffs had introduced at the trial a bill of sale executed to them by Ostroffsky and Casey, conveying all the cotton on the plantation, which the latter jointly owned, estimated at one hundred bales, and proved that only eighty bales had been delivered, Casey, notwithstanding the fact that the consideration recited in the bill of sale, which was under seal, was advances made to Casey and Ostroffsky by Meyer, Weis & Co., offered to prove that he was not indebted to the plaintiffs, but that the consideration upon which he signed the bill of sale was an agreement upon their part to pay a balance of the purchase-money due for the plantation, and that they had failed to make the payment. The plaintiffs objected to the evidence upon the ground that it varied the written contract, but the court overruled the objection, and admitted the evidence, because it tended to show the true consideration of the bill of sale. The plaintiffs reserved an exception, and there was a verdict and judgment for the defendant, Casey.

The sale was complete, the title in the plaintiffs, and the property at their risk, and the defendants were entitled to a credit on their indebtedness to its full value, and the plaintiffs to the cotton. Bowers v. Andrews, 52 Miss. 596 ; Benjamin on Sales, 265. After the contract of sale was reduced to writing, all' oral altercations between the parties prior to its execution were inadmissible. Herndon v. Henderson, 41 Miss. 584 ; Kerr v. Kuykendall, 44 Miss. 137 ; Shackelford v. Hooker, 54 Miss. 716. Casey’s evidence added a distinct stipulation to the contract. It would have been inadmissible even to show that the bill of sale was intended merely as a security, if this could only be done by parol evidence. Blake v. Mor-risson, 38 Miss. 123 ; 1 Greenl. Evid. § 275.

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