Smiths v. Shoemaker
Supreme Court of the United States
Error to the Supreme Court of tbe District of Columbia. David Shoemaker brought ejectmeut, iu December, 1868, against Caroline Smith, Mary Smith, et al.,- for certain real estate in Georgetown, D. C. The property in question had .been conveyed, A.T). 1810, by persons owning it, to one Beal, in trust for a certain Kilty Smith during life, and on -liis death for his son John Chandler Smith.
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Error to the Supreme Court of tbe District of Columbia. David Shoemaker brought ejectmeut, iu December, 1868, against Caroline Smith, Mary Smith, et al.,- for certain real estate in Georgetown, D. C. The property in question had .been conveyed, A.T). 1810, by persons owning it, to one Beal, in trust for a certain Kilty Smith during life, and on -liis death for his son John Chandler Smith. After the date of this deed, Kilty Smith had another son, to wit, Hamilton Smith, the father of the defendants. On the trial, the plaintiff, Shoemaker,- having shown title in the above-named John Chandler…
1Opinion of the CourtJustice Miller
The admission of the letter having at its head, as a date, “September 10th, 1845,” was objected to, and an exception taken, on the ground, among others, that the plaintiff could not introduce his own declaration, or that of those under -whom he claimed, to show that the ancestor of the defendants had' entered under the person making the declaration. Other and more specific grounds of objection were taken, but it is not necessary to mention them here, for it is certainly a sound principle of evidence that such a declaration as this, whether oral or in writing, is inadmissible, unless some…
2Cited by56 opinions
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- State v. TaylorSupreme Court of Missouri · 1893
- R. & G. Orthopedic Appliances & Prosthetics, Inc. v. CurtinDistrict of Columbia Court of Appeals · 1991
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