Eaton v. Rice
Superior Court of New Hampshire
This was a writ of entry, brought to recover a tract of land in Henniker, and was tried upon the general issue at September term, 1836. The parties were owners of adjoining lots of land ; and the land demanded in this suit was a strip lying on the dividing line, about eight feet wide and thirty rods long. The question was, where the dividing line between the lots was.
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This was a writ of entry, brought to recover a tract of land in Henniker, and was tried upon the general issue at September term, 1836. The parties were owners of adjoining lots of land ; and the land demanded in this suit was a strip lying on the dividing line, about eight feet wide and thirty rods long. The question was, where the dividing line between the lots was. It appeared that in the spring of 1835 the parties were together upon the land now in dispute, and had a conversation about the line ; and a witness who was present at that time stated that he understood, by their conversation,…
1Opinion of the CourtRichardson, C. J.
It is objected, in this case, that the demandant's witness was improperly permitted to state generally what he understood the agreement between the parties to have been, as to the line between their lands, from their conversation on the subject. This exception has frequently been taken and overruled; but it is not known that the question it presents has ever been considered by the whole court.
We have now attentively considered the objection, and are of opinion that it cannot be sustained.
*380If a witness should undertake to state in detail all that was said by two persons in making a contract, in…
2Cases cited2 opinions
- Jackson ex dem. Goodrich v. OgdenNew York Supreme Court · 1810
- Wakefield v. RossU.S. Circuit Court for the District of Rhode Island · 1827
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- Collins v. HughesNebraska Supreme Court · 1938
- Christensen v. State Farm Mutual Automobile InsuranceHawaii Supreme Court · 1970
- Christensen v. STATE FARM MUTUAL AUTO. INS. CO.Hawaii Supreme Court · 1970
- Maxwell v. WarnerSuperior Court of New Hampshire · 1841
- Goodall v. New England Mut. Fire Ins.Superior Court of New Hampshire · 1852
1 more not listed; retrieve them via the Exa API.