Andrews v. Hooper
Massachusetts Supreme Judicial Court
This was a writ of entry, brought for an undivided third part of a piece of land and a wharf in Charlestown, in which the demandants counted upon their own seizin within thirty years, and a disseizin by the tenants. . On the trial, which was had upon the general issue, at the sittings nere after the last October term, before Jackson, J., it appeared, that William Barber, the father of the demandant, Hannah, was seized in fee of the whole of the described premises in the year…
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This was a writ of entry, brought for an undivided third part of a piece of land and a wharf in Charlestown, in which the demandants counted upon their own seizin within thirty years, and a disseizin by the tenants. . On the trial, which was had upon the general issue, at the sittings nere after the last October term, before Jackson, J., it appeared, that William Barber, the father of the demandant, Hannah, was seized in fee of the whole of the described premises in the year 1770, and continued to hold and occupy the same until 1773 or 1774, when he sailed on a voyage to England. He is…
1Opinion of the CourtWilde, J.
This case turns on the competency of the evidence offered by the tenant. By the terms of the judge’s report, judgment is to be rendered for the demandants, if the copy of the mortgage deed, or the two deeds from *380James Swan and wife, are not competent to establish the title set up m the defence ; and we are all clearly of opinion, that they are not.
As to the copy of the mortgage deed, the general rule is, that a copy shall not be permitted to be given in evidence, without first proving the loss or destruction of the original. Here no proof was produced of any such loss ; nor are there any…
2Cited by12 opinions
- Bright v. BoydU.S. Circuit Court for the District of Maine · 1841
- Hooper v. Inhabitants of BridgewaterMassachusetts Supreme Judicial Court · 1869
- McMullen v. PorchMassachusetts Supreme Judicial Court · 1934
- Barrell v. BrittonMassachusetts Supreme Judicial Court · 1927
- Thompson v. IvesSupreme Court of Alabama · 1847
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