Davis v. Spooner
Massachusetts Supreme Judicial Court
This was a writ of entry to recover certain land called “ The White farm,” and the demandants counted upon the seisin of Walter Spooner, to whom Alden Spooner, his father, had conveyed the land, and a descent to Mrs. Davis as the only child and heir of Walter, and upon an entry of the tenant after an abatement by Alden and a conveyance by him to the tenant.
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This was a writ of entry to recover certain land called “ The White farm,” and the demandants counted upon the seisin of Walter Spooner, to whom Alden Spooner, his father, had conveyed the land, and a descent to Mrs. Davis as the only child and heir of Walter, and upon an entry of the tenant after an abatement by Alden and a conveyance by him to the tenant. The tenant pleaded, 1st, that Walter did not die seised ; upon which issue was joined ; and 2dly, that the tenant, at the time of the conveyance to him, did not know that Alden had previously conveyed the land to Walter ; to which there…
1Opinion of the Court
Parker C. J.
delivered the opinion of the Court to the following effect. The first question is, whether there was such proof of the loss of the deed as to authorize the admission of parol evidence to prove its contents. In some cases the proof may be very satisfactory that a deed is lost, as where it has been burnt ; in others the evidence may be very uncertain, as where it only appears that the party cannot find the deed. In this latter class the rule that the party shall make affidavit, though not practised upon with us, seems to be proper enough ;1 for it is not admitting him to testify in…
2Cases cited5 opinions
- Tayloe v. RiggsSupreme Court of the United States · 1828
- Blade v. NolandNew York Supreme Court · 1834
- Coleman v. WolcottSupreme Court of Connecticut · 1810
- Meeker v. JacksonSupreme Court of Pennsylvania · 1802
- Bennett v. HethingtonSupreme Court of Pennsylvania · 1827