Commonwealth v. Brayman
Massachusetts Supreme Judicial Court
Indictment on the Gen. Sts. c. 161, § 59, alleging that the defendant, on February 10, 1876, at Buckland, conveyed certain real estate, knowing that an incumbrance existed thereon, without, before the consideration was paid, informing the grantee of the existence and nature of such incumbrance.
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Indictment on the Gen. Sts. c. 161, § 59, alleging that the defendant, on February 10, 1876, at Buckland, conveyed certain real estate, knowing that an incumbrance existed thereon, without, before the consideration was paid, informing the grantee of the existence and nature of such incumbrance. Trial in the Superior Court, before Aldrich, J., who allowed a bill of exceptions, in substance as follows: At the time of the conveyance, the defendant was sixty-nine years old, and the trial was six years after. He introduced several witnesses to show that his mind and memory were so enfeebled by age…
1Opinion of the CourtColburn, J.
We see no reason for excluding the question to the witness Jillson, “Did you notice any difference in his mode of conducting business six years ago from his mode twelve years ago ? ” It called for no opinion of the mental capacity of *440the defendant. It would be sufficiently and naturally answered by “Yes” or “No,” and was of little importance, except in directing the attention of the witness to the subject upon which he was expected to testify. If the question was answered in the negative, no further inquiry would be necessary; but if in the affirmative, the answer would lead to the inquiry as…
2Cases cited4 opinions
- Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
- Parker v. Boston & Hingham Steamboat Co.Massachusetts Supreme Judicial Court · 1872
- Barker v. CominsMassachusetts Supreme Judicial Court · 1872
- Commonwealth v. O'BrienMassachusetts Supreme Judicial Court · 1883
3Cited by8 opinions
- Brown v. ThayerMassachusetts Supreme Judicial Court · 1912
- Commonwealth v. CataldoMassachusetts Supreme Judicial Court · 1950
- Georgia Railway & Electric Co. v. GillelandSupreme Court of Georgia · 1909
- Clark v. ClarkMassachusetts Supreme Judicial Court · 1897
- Cowles v. MerchantsMassachusetts Supreme Judicial Court · 1886
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