Hunter v. Marlboro
U.S. Circuit Court for the District of Massachusetts
This was a bill in chancery, filed May 22, 1842. It averred, that David Hunter, whose heirs the complainant [William Hunter] represented, was on the 30th of October. 1801, seized of a farm in the town of Marlboro’, containing about two hundred and sixty acres.
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This was a bill in chancery, filed May 22, 1842. It averred, that David Hunter, whose heirs the complainant [William Hunter] represented, was on the 30th of October. 1801, seized of a farm in the town of Marlboro’, containing about two hundred and sixty acres. That this farm, by various conveyances afterwards, which were detailed, had on the face of them passed to that .town in fee, by a deed, dated the 4th of May, 1821, and that said David still remained in the actual possession of the farm during all that period, claiming an interest therein as mortgagor and cestui que trust •Several facts…
1Opinion of the Court
WOODBURY, Circuit Justice.
This is a case of no little intricacy and doubt. The events in dispute occurred long since, some of them near half a century, and most of them over a quarter, and they are naturally obscured by time and death and forgetfulness. They are rendered still more doubtful, by an attempt in most instances of controverted facts to prove what is relied on, by oral testimony rather than by writings or records: and several of the legal questions raised have been rendered the more difficult by founding them on supposed oral agreements between parties, often secret and loose and…
2Cases cited20 opinions
- Boyd v. M'LeanNew York Court of Chancery · 1815
- Parkhurst v. Van CortlandtNew York Court of Chancery · 1814
- Padgett v. LawrenceNew York Court of Chancery · 1843
- Steere v. SteereNew York Court of Chancery · 1820
- Rogers v. RogersNew York Court of Chancery · 1828
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