Inhabitants of Milford v. Inhabitants of Bellingham
Massachusetts Supreme Judicial Court
Assumpsit to recover the expense of supporting Bess Corbett, a negro woman, alleged to have had her legal settlement in Bellingham. At the trial of the cause, which was had before Parker, C. J., at the last April term in this county, nothing Was in controversy bul the settlement of the pauper. It was in evidence that she was born m the family of the late Dr. Corbett, of Bellingham, long before the revolution, and was his slave.
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Assumpsit to recover the expense of supporting Bess Corbett, a negro woman, alleged to have had her legal settlement in Bellingham. At the trial of the cause, which was had before Parker, C. J., at the last April term in this county, nothing Was in controversy bul the settlement of the pauper. It was in evidence that she was born m the family of the late Dr. Corbett, of Bellingham, long before the revolution, and was his slave. The defendants contended that the said Corbett had given her to his granddaughter' Esther Messenger, who, in the year 1778, married a Col. Frost of Milford, and that…
1Opinion of the Court
The Court
stopped Lincoln, who was to have argued for the defendants, and observed that the declarations objected to were in the nature of facts, tending to show the intentions of the parties in certain transactions, which were substantiated by other evidence; and so may be considered as constituting a part of the res gesta. The fact to be proved was the transfer of the slave. The change of possession was established. The declarations of the parties * went to show the intent, with which that change [ * 110 ] had been made. This is not within the notion of hearsay evidence. The master of a…
2Cited by5 opinions
- Woolery v. WooleryIndiana Supreme Court · 1868
- Smith v. Maine & BentleyNew York Supreme Court · 1857
- Goodrich v. LongleyMassachusetts Supreme Judicial Court · 1855
- Holbrook, Carter & Co. v. MurraySupreme Court of Vermont · 1848
- Watkins v. YoungSupreme Court of Virginia · 1878