Pickering v. Reynolds
Massachusetts Supreme Judicial Court
Writ oe entry, dated December 8, 1868, to recover land in Danvers. Plea, nul disseisin. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions in substance ns follows: The demandant put in evidence the levy of an execution, amended by leave of court and ruled to be sufficient, upon the premises described in his writ, said execution having, been issued upon a judgment in an action in which said premises were duly attached on September 24, 1867,…
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Writ oe entry, dated December 8, 1868, to recover land in Danvers. Plea, nul disseisin. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions in substance ns follows: The demandant put in evidence the levy of an execution, amended by leave of court and ruled to be sufficient, upon the premises described in his writ, said execution having, been issued upon a judgment in an action in which said premises were duly attached on September 24, 1867, as the property of James Reynolds, Sen., and duly set off to the demandant upon said execution on February 22, 1868. The…
1Opinion of the CourtGray, C. J.
If the declarations of the elder Reynolds in disparagement of his title were made before the demandant’s attachment, they were clearly admissible in evidence against the demandant who claimed under him, and the bill of exceptions does not show that they were made since the attachment.
The declarations of the same person, made at a different time, had no tendency to contradict the first declarations, and, if they were admissible at all, it was because they tended to prove the *114demandant’s original case. Kingsford v. Hood, 105 Mass. 495. The demandant did not except to their exclusion when…
2Cases cited2 opinions
- Kingsford v. HoodMassachusetts Supreme Judicial Court · 1870
- Wheeler v. WheelerMassachusetts Supreme Judicial Court · 1874
3Cited by7 opinions
- First Baptist Church of Sharon v. HarperMassachusetts Supreme Judicial Court · 1906
- Rowell v. DoggettMassachusetts Supreme Judicial Court · 1887
- Abbott v. WalkerMassachusetts Supreme Judicial Court · 1910
- Cook v. KnowlesMichigan Supreme Court · 1878
- Ellis v. StoneCourt of Appeals of Texas · 1893
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