Chapman v. Chapman
Supreme Court of Connecticut
THIS was an action of trespass quarc clausum fregit, The cause was tried at Middletown, July term, I-817, before Edmond, Smith and Baldwin, Js. On the trial, the title to the land on which the trespass was alleged to have been committed, was the principal subject of controversy. The plaintiff claimed, that he owned the land, by a regular transmission of title to him from one Nicholas Ackley.
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THIS was an action of trespass quarc clausum fregit, The cause was tried at Middletown, July term, I-817, before Edmond, Smith and Baldwin, Js. On the trial, the title to the land on which the trespass was alleged to have been committed, was the principal subject of controversy. The plaintiff claimed, that he owned the land, by a regular transmission of title to him from one Nicholas Ackley. To shew that the title of Ackley became vested in one Mary Williams, under whom the plaintiff claimed, he offered in evidence the deposition of Crippin Hurd; which was, in substance, as follows : “ I was…
1Opinion of the Court
Swift, Ch. J.
It is a general principle in the law of evidence, that hearsay from a person not a party to the suit, is not admissible ; because such person was not under oath, and the opposite party had no opportunity to cross-examine. But in ancient transactions, where no living witnesses can be bad, it has become necessary to adopt a different rule ; and in such cases, it has been decided, that the declarations, memoranda, or entries made in writing, with regard to any facts, by persons in a situation to know the truth, and under no bias to misrepresent, shall be admitted as evidence of such…
2Cited by22 opinions
- State v. DeJesusSupreme Court of Connecticut · 2008
- In Re DurantSupreme Court of Connecticut · 1907
- Ferguson v. SmazerSupreme Court of Connecticut · 1963
- Sitler v. GehrSupreme Court of Pennsylvania · 1884
- Foster v. BrooksSupreme Court of Georgia · 1849
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