Sessions v. Little
Superior Court of New Hampshire
Trover for 5000 lbs. of salts of lye. The parties both claimed title to the property under one David Bean, who, at the time of the transaction hereafter mentioned, was a resident in a place called Letter B, in the state of Maine. It appeared in evidence that previous to the 26th of August, 1836, said Bean owned a farm at that place, on which was a potash, and that he had there cattle and other personal property.
Read the full summary
Trover for 5000 lbs. of salts of lye. The parties both claimed title to the property under one David Bean, who, at the time of the transaction hereafter mentioned, was a resident in a place called Letter B, in the state of Maine. It appeared in evidence that previous to the 26th of August, 1836, said Bean owned a farm at that place, on which was a potash, and that he had there cattle and other personal property. On said 26th August he executed a deed of the farm to the plaintiff, the consideration inserted therein being 0600,—which was duly acknowledged, and recorded on the 30th of the same…
1Opinion of the CourtParker, C. J.
The declarations of the parties, respecting the papers delivered by the plaintiff to Bean, at the time of the execution of the deed and bill of sale, were competent evidence, and should have been admitted. Where evidence of an act done by a party is admissible, his declarations, made at the time, having a tendency to elucidate, or give a character to the act, and which may derive a degree of credit from the act itself, are also admissible, as a part of the res gestee. The declaration proposed to be proved in this case may have a material bearing in giving a character *277to the act of delivery,…
2Cited by8 opinions
- Woods v. BanksSuperior Court of New Hampshire · 1843
- Mahurin v. BellowsSuperior Court of New Hampshire · 1843
- Buswell v. DavisSuperior Court of New Hampshire · 1839
- Carlton v. PattersonSuperior Court of New Hampshire · 1854
- Walcott v. KeithSuperior Court of New Hampshire · 1850
3 more not listed; retrieve them via the Exa API.