Smith v. . Walker

We do not mean, in the smallest degree, to alter the rule of law which, when questions of boundary are before the court, permits evidence to be given of common rumor and report, or what deceased disinterested persons have been heard to say, etc. Necessity, in that case, as well as in many others, required that such evidence should be received; nor would it be proper to say that evidence should not be given of any act done by the owner of the land; but to permit his declarations to be given in evidence would be impugning the maxim of law which declares "that no person shall be a witness in his…