Treat v. Curtis
Massachusetts Supreme Judicial Court
Writ oe entry to recover a parcel of land in Boston. Plea, nul disseisin. At the trial in the Superior Court, before Rock« well, J., it appeared that John Curtis conveyed the demanded premises, on December 5, 1870, to his brother, Lawrence Curtis, who, by a deed dated December 6, 1870, and acknowledged in the April following, conveyed the same to Bridget Curtis, the wife of John.
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Writ oe entry to recover a parcel of land in Boston. Plea, nul disseisin. At the trial in the Superior Court, before Rock« well, J., it appeared that John Curtis conveyed the demanded premises, on December 5, 1870, to his brother, Lawrence Curtis, who, by a deed dated December 6, 1870, and acknowledged in the April following, conveyed the same to Bridget Curtis, the wife of John. The demandant testified that, about December 1, 1870, John Curtis owed the firm of Henry Mayo & Co., of which the demandant was a member, about $2700, for which, on that day, they sued him and attached his real…
1Opinion of the CourtEndicott, J.
The tenants, upon cross-examination of the demandant, made inquiries respecting the proceedings before the *352auditor, and the finding of the auditor in the original action, apparently for the purpose of showing that one item was improperly charged, and was not allowed by the auditor. This evidence was immaterial and irrelevant to the issue on trial; but it was introduced by the tenants, and it was clearly within the discretion of the presiding judge tc allow the demandant to put in the auditor’s report, to meet any inference which might be drawn from the cross-examination. The introduction or…
2Cases cited2 opinions
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