Badger v. Story
Superior Court of New Hampshire
Whit or Entry to recover a tract of land in Dunbar-ton ; tried upon the general issue. The plaintiff claimed title under a deed from the assignees of David Tenney,- a bankrupt, executed in 1842. The defendants claimed under a deed of warranty from said David Tenney to Warren Story, the defendants’ ancestor, dated March 11,1883. To invalidate the deed under which the defendants claimed, the plaintiff offered evidence tending to show that Tenney (said Warren Story not being…
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Whit or Entry to recover a tract of land in Dunbar-ton ; tried upon the general issue. The plaintiff claimed title under a deed from the assignees of David Tenney,- a bankrupt, executed in 1842. The defendants claimed under a deed of warranty from said David Tenney to Warren Story, the defendants’ ancestor, dated March 11,1883. To invalidate the deed under which the defendants claimed, the plaintiff offered evidence tending to show that Tenney (said Warren Story not being present) procured the deed to be made and recorded, and at the time of executing it declared that the same, though…
1Opinion of the CourtParker, C. J.
The position taken by the defendants’ counsel that the declaration of Tenney, the grantor, could not be proved by a third person, because Tenney himself might have been called to state what he said, can not be sustained. The authority cited in support of it, Coleman v. Southwick, 9 Johns. 49, was the opinion of a majority of the court only, Spencer and Yates justices dissenting upon the point that the evidence of the person who made the statements upon which the defendant claimed to have acted was better than the testimony of a third person who heard him make the statement; and their opinion…
2Cases cited4 opinions
- Coleman v. SouthwickNew York Supreme Court · 1812
- Harrison v. Trustees of Phillips AcademyMassachusetts Supreme Judicial Court · 1815
- Drinkwater v. DrinkwaterMassachusetts Supreme Judicial Court · 1808
- Coleman v. WalkerCourt of Appeals of Kentucky · 1860
3Cited by1 opinion
- In re Estate of StavrouSupreme Court of New Hampshire · 1977