Howland v. Shurtleff
Massachusetts Supreme Judicial Court
Trespass for entering woodland in Wareham, and cutting wood there growing. The plaintiff claimed the land under a mortgage deed, dated October 17th, 1794, from David Perry to Roland Leonard & Co. conditioned to be void upon the payment of £ 12-15, on or before April 17th, 1795, with lawful interest, and eighteen shillings for expenses.
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Trespass for entering woodland in Wareham, and cutting wood there growing. The plaintiff claimed the land under a mortgage deed, dated October 17th, 1794, from David Perry to Roland Leonard & Co. conditioned to be void upon the payment of £ 12-15, on or before April 17th, 1795, with lawful interest, and eighteen shillings for expenses. There was evidence tending to show that there formerly existed a partnership between Roland and Ichabod Leonard ; but the witnesses could not say whether the common name of the firm was Roland Leonard & Co. or Roland and Ichabod Leonard. The plaintiff then gave…
1Opinion of the CourtDewey, J.
In furtherance of justice, and the more effectually- to secure the rights of the parties in the investigation of *27questions in issue, and especially in ancient transactions, the law calls to its aid the doctrine of presumption, under which the jury are authorized to find the existence of certain facts, as to which there is no direct evidence, but which are, under the rules of law, to be reasonably inferred from certain other facts which are well established by the evidence in the case. These presumptions, when they arise from lapse of time, and forbearance to assert claims, rest upon the…
2Cases cited6 opinions
- Collins v. TorryNew York Supreme Court · 1810
- Jackson ex dem. Martin v. PrattNew York Supreme Court · 1813
- Jackson ex dem. People v. WoodNew York Supreme Court · 1815
- Giles v. BaremoreNew York Court of Chancery · 1821
- Inches v. LeonardMassachusetts Supreme Judicial Court · 1815
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In Re SearcyUnited States Bankruptcy Court, D. Massachusetts · 2005