Williams v. Duston
Supreme Court of New Hampshire
Transferred by Sawyer, J., from the May term, 1919, of the superior court.
1Opinion of the CourtParsons, C. J.
The lands owned by Annie Head and the plaintiff comprised a strip extending north and south between two highways in Chester. The question was where on the ground was the line of division between the adjoining lots, the plaintiff owning the northerly end and the Head land comprising the southerly portion.
As Morse was living and could have been made a witness, hearsay testimony as to his statements as to the bounds was incompetent. Mason v. Knox, 66 N. H. 545; Flagg v. Mason, 8 Gray 556. This error destroys the verdict.
The plaintiff excepts to the refusal to order a verdict for her. The burden…
2Cited by9 opinions
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