Van Deusen v. Turner
Massachusetts Supreme Judicial Court
Trespass quare clausum. Plea, the general issue. At the trial, before Morton J., the defendant set up title in himself in the locus in quo, and the defence depended upon the division line between the plaintiff’s and defendant’s respective lands.
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Trespass quare clausum. Plea, the general issue. At the trial, before Morton J., the defendant set up title in himself in the locus in quo, and the defence depended upon the division line between the plaintiff’s and defendant’s respective lands. The defendant offered to prove, that in 1796 Josiah Dewey deceased, who nine years before had owned, in right of his wife, the plaintiff’s land, went with the witness upon the land in question and pointed out to him a line of marked trees, which he told the witness was a known division line between the land belonging to the persons from whom…
1Per curiam
This seems to be a plain question. The judge admitted evidence that Dewey went to the line and pointed it out, but rejected the other declarations. This decision appears to us to be correct and conformable to the established rule. Dewey is to be considered as on the same footing with any other person having the same means of knowl edge, and the circumstance that he had been an owner of the estate several years before, can make no difference. The general rule is, that the declarations of a deceased person are not admissible, being rejected as hearsay and not under oath, with a few exceptions…
2Cases cited1 opinion
- Lessee of Sturgeon v. WaughSupreme Court of Pennsylvania · 1799