Deming v. Carrington
Supreme Court of Connecticut
This was an action of trespass quare clausum fregit; tried at Hartford, January term 1837, before Bissell, J. On the trial, the plaintiff claimed to be the owner of the locus in quo. The defendants denied the title of the plaintiff, and claimed that the title was in Seth Cowles, under whom tfoev entered, and did the acts complained of. The plaintiff and Seth Cowles were adjoining proprietors ; and the only point in dispute regarded the place of the dividing line.
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This was an action of trespass quare clausum fregit; tried at Hartford, January term 1837, before Bissell, J. On the trial, the plaintiff claimed to be the owner of the locus in quo. The defendants denied the title of the plaintiff, and claimed that the title was in Seth Cowles, under whom tfoev entered, and did the acts complained of. The plaintiff and Seth Cowles were adjoining proprietors ; and the only point in dispute regarded the place of the dividing line. The plaintiff claimed, that the line began at a certain white-oak tree standing at or near the corner of a lot of land, belonging…
1Opinion of the CourtHuntington, J.
The objection to proof of the acts and declarations of Seth Cowles, is founded on the general rule of law, which excludes hearsay evidence. This salutary rule, we are not disposed to invade, nor are we inclined to extend the exceptions to it. It must, however, be admitted, that there are several classes of cases in which the spirit of this rule is not violated, by the admission of evidence, which, in a limited sense, may be denominated hearsay ; and we think the present case falls within one of these classes.
The declarations of a person deceased, while in possession of *4real estate, adverse to…
2Cases cited8 opinions
- Grannis v. ClarkCourt for the Trial of Impeachments and Correction of Errors · 1827
- Beers v. HawleySupreme Court of Connecticut · 1818
- Fitch v. ChapmanSupreme Court of Connecticut · 1833
- Norton v. PettiboneSupreme Court of Connecticut · 1829
- Rogers v. MooreSupreme Court of Connecticut · 1833
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3Cited by3 opinions
- Abbott v. WalkerMassachusetts Supreme Judicial Court · 1910
- Lemmon v. HartsookSupreme Court of Missouri · 1883
- Greenbaum v. SternWashington Supreme Court · 1916