Field v. Snell
Massachusetts Supreme Judicial Court
This was a writ of entry, for the recovery of a piece of land in North Bridgewater, to which the tenant pleaded nu* disseizin as to all the demanded premises northerly of a certain line running east seventeen and a half degrees north, and a disclaimer of all the premises south of that line.
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This was a writ of entry, for the recovery of a piece of land in North Bridgewater, to which the tenant pleaded nu* disseizin as to all the demanded premises northerly of a certain line running east seventeen and a half degrees north, and a disclaimer of all the premises south of that line. At the trial, before Fletcher, J., in this court, it appeared, that prior to August, 1826, one Forbes Field had for twenty-six years owned the land on the northerly side of the true line, and Daniel Field, on the southerly side; that the demandant held through certain mesne conveyances the estate of Daniel…
1Opinion of the CourtDewey, J.
The only question raised in the present case relates to the competency of William C. Leonard, as a witness, in behalf of the tenant.
Leonard was the grantor of the premises in controversy, and conveyed the same to the tenant by a deed containing the covenant of warranty. ‘ Such a covenant, of course, makes the witness directly interested in the event of the suit, unless the interest has been in some way removed. This the tenant insists has been done by his giving Leonard a release from all the covenants contained in his deed to the tenant, which release has been duly acknowledged and recorded…
2Cases cited3 opinions
- Cunningham v. KnightNew York Supreme Court · 1847
- J. D. &. E. W. Ford v. WalsworthNew York Supreme Court · 1838
- Clark v. JohnsonSupreme Court of Connecticut · 1812