Construction of Bond — Parol Evidence Inadmissible to Vary Written Contract. Civil ActioN, tried at Fall Term, 1875, of MecKleNbüRG Superior Court; before Schenck, J. The suit was brought to sell land for. partition among the parties, plaintiffs and defendants, as tenants in common. By-virtue of a decree in the cause the land was sold and a part of it was bought by the defendant T. T. Sandifer, who gave notes for the purchase money.
Decided 1877-01-05
Reade, J.
¶1
1. This is not to be treated as an original proceeding but as a motion founded upon a petition in the original proceeding for partition. There cannot therefore be any trouble about parties or about notice.
¶2
2. We agree with His Honor that the writing in question is not an indemnity but is simply a mutual agreement among the parties to it to resist any claim which might be set up by “the heirs of John M. Wilson” to a share in the estate of Isaac A. Wilson, bequeathed to him by his father.
¶3*349
3. We are also of the opinion that the parol evidence offered to prove that said writing was
intended
to be an indemnity was properly rejected. The rule is that parol evidence is inadmissible to
vary
a written contract.
