Stevenson v. Chapman
Superior Court of New Hampshire
Writ of Entry, to recover an undivided half of about fifty acres of land in Tamworth. Prior to 1835, Joseph A. Whitten was the owner of one half of the tract described.
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Writ of Entry, to recover an undivided half of about fifty acres of land in Tamworth. Prior to 1835, Joseph A. Whitten was the owner of one half of the tract described. The plaintiff offered in evidence a deed from Whitten to himself, dated the 25th of April, 1835, purporting to convey one undivided half of the tract, which was recorded June 2d, 1835. The defendant introduced a deed executed by Whitten to himself, of an undivided half of the tract, dated the 27th day of April, 1835, and recorded June 21, 1836. He further offered in evidence the deposition of said Whitten, which was objected…
1Opinion of the CourtParker, C. J.
The objection to the admission of the witness cannot be supported.
It seems to be well settled, that a grantor may be a witness to show that his deed is invalid, even for fraud, if he have no interest in the case. 5 N. H. Rep. 181, Hadduck vs. Wilmarth ; 9 N. H. Rep. 347, Marston vs. Brackett; 2 Ld. Raym. 1008, Title vs. Grevett; 11 Mass. R. 368, Worcester vs. Eaton; Ditto 498, Loker vs. Haynes; 15 Pick. R. 420, Hudson vs. Hurlburt; 13 Maine 9, Wise vs. Tripp; 4 Vermont R. 493, Seymour's Ad'r vs, Beach; 6 Johns. R. 135, Jackson vs. Frost; 6 Wend. R. 415, Jackson vs. Packard.
The weight of his…
2Cases cited6 opinions
- Inhabitants of Worcester v. EatonMassachusetts Supreme Judicial Court · 1814
- Marston v. BrackettSuperior Court of New Hampshire · 1838
- Hadduck v. WilmarthSuperior Court of New Hampshire · 1830
- Odiorne v. HowardSuperior Court of New Hampshire · 1839
- Haines v. DennettSuperior Court of New Hampshire · 1840
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