Twambly v. Henley
Massachusetts Supreme Judicial Court
This was a real action, tried before Thatcher, J., September term, 1806. The demandant, excepting to the judge’s rejection of a witness, moved for a new trial on that ground. The point was opened to the Court at the last June term in this county, by Stebbins for the demandant, and Wilde for the tenant, and the action was continued for advisement. And now, at this term, the opinion sf the Court was delivered as follows by
1Opinion of the CourtParsons, C. J.
This action comes before the Court upon excep *387tians filed by the demandant, because the judge rejected one John Borland as a witness.
Borland, claiming to be seised of the land demanded, on the 1st day of January, 1776, by his deed of that date, conveyed it to the demandant, with a covenant that he had full power, good right, and lawful authority, to sell the land, and a further covenant of warranty against all persons claiming under him.
* Twambly brings this suit, counting on his own seisin, • [ * 442 J against Henley, who did not claim under Borland, and, to prove his title, offers Borland…
2Cited by18 opinions
- Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
- Mitchell v. WarnerSupreme Court of Connecticut · 1825
- Fain v. GarthrightSupreme Court of Georgia · 1848
- Lockwood v. SturdevantSupreme Court of Connecticut · 1827
- Mitchell v. HazenSupreme Court of Connecticut · 1823
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