Culver v. Haslam
New York Supreme Court
This was an action of ejectment, brought to recover the possession of part of lot No. 12 of the second division of the Cambridge patent; and was tried at the Washington circuit, in February, 1849, before Justice Paige. The plaintiff derived title under a deed from Polly Barnhart, the owner of the lot, dated June 2d, 1847, conveying the premises in fee to one Stearns, by whom they were conveyed to the plaintiff.
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This was an action of ejectment, brought to recover the possession of part of lot No. 12 of the second division of the Cambridge patent; and was tried at the Washington circuit, in February, 1849, before Justice Paige. The plaintiff derived title under a deed from Polly Barnhart, the owner of the lot, dated June 2d, 1847, conveying the premises in fee to one Stearns, by whom they were conveyed to the plaintiff. The defendant defended under the heirs of the said Polly Barnhart, who died subsequent to the making the deed of the 2d June, 1847; and the question litigated on the trial'was whether…
1Opinion of the CourtWillard, J.
The general rule, no doubt, is, that witnesses must speak to facts, and that mere opinions are not admissible. (1 Phil. Ev. 290. 1. Greenl. Ev. 593, § 450. Cowen & Hill's Notes to Phil. Ev. 759. Sears v. Shafer, 1 Barb. S. C. Iiep. 40S.) There are, however, numerous exceptions to the rule, most of which will be found stated in the authors above cited. On the present occasion it becomes important only to inquire, whether the questions proposed to, and answered by, the witnesses, and the charge of the learned judge, fall within the exceptions.
The cases in which the mental capacity of a party…
2Cases cited20 opinions
- People v. BodineCourt for the Trial of Impeachments and Correction of Errors · 1845
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- Stewart's v. LispenardNew York Supreme Court · 1841
- Gibson v. WilliamsNew York Supreme Court · 1830
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