Legal Opinion

Mattocks v. Stearns

Supreme Court of Vermont

Decided March 15, 1837PublishedCited by 10 opinions

Tins was an action of ejectment Tor about seven eighths of an acre of land in the village of Danville. Plea, severally, not guilty, and issue to the jury. On trial ¡the plaintiffs introduced a deed from -Josiah Bellows to Caleb Wheaton, dated, 10th May., 1828, containing the land in question.

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Tins was an action of ejectment Tor about seven eighths of an acre of land in the village of Danville. Plea, severally, not guilty, and issue to the jury. On trial ¡the plaintiffs introduced a deed from -Josiah Bellows to Caleb Wheaton, dated, 10th May., 1828, containing the land in question. He also introduced, a'le-vy of execution upon the same land in his favor, .against -John -Stearns., one of the defendants, dated, August 5th, 1834. He then introduced evidence, tending to prove, that Caleb Wheaton wasthe ¡'father of John Stearns’ wife, the other defendant, and that he died-seiaed and…

1Opinion of the Court

The opinion of the court was delivered by

Redeield, J.

It is first to be inquired, whether the county court committed an error in admitting parol proof of the contents of the deed from Zalmon Wheaton to defendant, Lydia Stearns. Whether the existence of the deed should have been first proved, and then notice to produce the original shown, in order to lay the foundation for secondary evidence of the contents of the deed, is not now very material; as it is a mere question as to the modus operandi. Most unquestionably, this would have been more in accordance with the received forms of proceeding,…

2Cases cited1 opinion

  1. Barber v. RootMassachusetts Supreme Judicial Court · 1813

3Cited by10 opinions

  1. Tong v. MarvinMichigan Supreme Court · 1866
  2. Laird v. PerrySupreme Court of Vermont · 1902
  3. Hyde v. BarneySupreme Court of Vermont · 1845
  4. Hinson v. BushSupreme Court of Alabama · 1887
  5. Fitzgerald v. BrennanSupreme Court of Connecticut · 1889

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