State of Connecticut v. Bradish
Massachusetts Supreme Judicial Court
This was a writ of entry sur disseisin, which was tried upon the general issue before Putnam, J., at the sittings here after September term, 1815. To maintain the issue on the part of the demandants, they gave in evidence a deed of mortgage, made to them of the demanded premises on the 9th of February, 1802, by one Seth Ciarle, conditioned to pay his bond to them of that date for 1000 dollars, with interest in one year, acknowledged and recorded on the day of its date.
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This was a writ of entry sur disseisin, which was tried upon the general issue before Putnam, J., at the sittings here after September term, 1815. To maintain the issue on the part of the demandants, they gave in evidence a deed of mortgage, made to them of the demanded premises on the 9th of February, 1802, by one Seth Ciarle, conditioned to pay his bond to them of that date for 1000 dollars, with interest in one year, acknowledged and recorded on the day of its date. The said * bond was also produced. The interest appeared to have been paid to the 2d of September, 1807. They also gave in…
1Opinion of the CourtJackson, J.
As to the first point, we see no sufficient objection to Mr. Kingsbury as a witness. The case of one sovereign becoming a party in the judicial courts of another is novel, and perhaps wholly unknown in the common law. But we constantly find the sovereign, both here and in Great Britain, a party in suits in their own courts; and it was never imagined that all the citizens or subjects of the government were incompetent witnesses in such suits because the government might be enriched by them.
As to the letter of J. &f H. Dwight, which was read in evidence, it is not very important to consider the…
2Cases cited1 opinion
- Trull v. BigelowMassachusetts Supreme Judicial Court · 1820
3Cited by35 opinions
- Commonwealth v. PurdyMassachusetts Supreme Judicial Court · 2011
- Gore v. BrazierMassachusetts Supreme Judicial Court · 1807
- Ex parte State Bar Ass'nSupreme Court of Alabama · 1890
- Irving v. Goodimate Co.Massachusetts Supreme Judicial Court · 1946
- Ely v. WilcoxWisconsin Supreme Court · 1866
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