Wallace v. Story
Massachusetts Supreme Judicial Court
Bill in equity, filed June 19, 1884, to redeem a parcel of land in South Boston from three mortgages. At the hearing, before Field, J., it appeared that for several years before March 14, 1879, the defendant had occupied the premises as the plaintiff’s tenant, at a weekly rent; that on this date the defendant, owning said mortgages, entered under each with two witnesses to foreclose, and on the next day recorded the certificates thereof in due form, and advertised the…
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Bill in equity, filed June 19, 1884, to redeem a parcel of land in South Boston from three mortgages. At the hearing, before Field, J., it appeared that for several years before March 14, 1879, the defendant had occupied the premises as the plaintiff’s tenant, at a weekly rent; that on this date the defendant, owning said mortgages, entered under each with two witnesses to foreclose, and on the next day recorded the certificates thereof in due form, and advertised the premises for sale; that on April 11, 1879, the plaintiff filed a bill in equity to restrain the sale, and to redeem, on notice…
1Opinion of the Court
By the Court.
The statement of the plaintiff to her counsel, that she had made an agreement with the defendant, after he entered to foreclose, that he should occupy the premises as her tenant, made in the absence of the defendant, was not competent to prove that the alleged agreement was made, or to corroborate the plaintiff’s testimony, or to meet the argument that her statement on the stand was fabricated. It was made after the alleged agreement, and was no part of it. It was mere hearsay, and was rightly ruled to be incompetent for either of the purposes above named. Hodgkins v. Chappell,…
2Cases cited2 opinions
- Hodgkins v. ChappellMassachusetts Supreme Judicial Court · 1880
- Somers v. WrightMassachusetts Supreme Judicial Court · 1873
3Cited by1 opinion
- Murchie v. CornellMassachusetts Supreme Judicial Court · 1891