Hollister v. Young
Supreme Court of Vermont
Ejectment for lot No. 8 of range 8 in Marshfield. Plea, tbe general issue. Trial by jury, March term, 1868, Peck, J., presiding. Yerdic't for the defendant.
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Ejectment for lot No. 8 of range 8 in Marshfield. Plea, tbe general issue. Trial by jury, March term, 1868, Peck, J., presiding. Yerdic't for the defendant. The writ was dated February 23,1867, and served February 28,1867. The plaintiff introduced a letter of administration on the estate of Henry H. Barrows, of the city of New York, dated February 22, 1867. The plaintiff introduced a deed of the premises from John Barrows to Henry H. Barrows, dated December 5,1882, and a prior deed from Silas Papoon to John Barrows ; but there was no evidence in the case, that Papoon or John Barrows ever had…
1Opinion of the Court
The opinion of the court was delivered by
PiERPOiNT, C. J.
The only question for our consideration in this case, is whether the defendant was properly admitted as a witness in his own favor, the plaintiff’s intestate, Henry H. Barrows, being dead. . In section 24 of chapter 36 of the General .Statutes it is provided, “ that in all actions, except actions on book account, where one of the original parties to the contract or cause of action in issue and on trial, is dead, or is shown to the court to be insane, the other party shall not be admitted to testify in his own favor.”
The action is…
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