Perkins v. Towle
Supreme Court of New Hampshire
Whit ok Entby. The plaintiff claims under a deed from Samuel Towle, executed December 81, 1847, the demanded premises being then subject to the life estate of one N., who died March 18, 1872. One of the defendants claims title as the widow of Samuel, and the other as his son and heir. Samuel died April 12, 1872. The evidence tended to show that Samuel left home on the morning of December 31, 1847, and returned in the evening much intoxicated.
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Whit ok Entby. The plaintiff claims under a deed from Samuel Towle, executed December 81, 1847, the demanded premises being then subject to the life estate of one N., who died March 18, 1872. One of the defendants claims title as the widow of Samuel, and the other as his son and heir. Samuel died April 12, 1872. The evidence tended to show that Samuel left home on the morning of December 31, 1847, and returned in the evening much intoxicated. The defendants offered to show what Samuel said on arriving home in regard to the way in which the plaintiff obtained the deed from him; also, the…
1Opinion of the CourtSmith, J.
The declarations of Samuel Towle, made to his family after he executed the deed in question, being declarations in his own favor, and not a part of the res gestae, were properly excluded. But K.’s testimony of Towle’s statements to him, being admissions of Towle against his interest, were properly received; and the same is true of the testimony of C. The statements of B. were nothing but hearsay, and inadmissible.
According to P.’s testimony, she was married by L. in 1864. The defendants were then allowed to show that she was either mistaken or untruthful as to the date of her marriage, by…
2Cases cited1 opinion
- State v. Boston & Maine RailroadSupreme Court of New Hampshire · 1878
3Cited by5 opinions
- Challis v. LakeSupreme Court of New Hampshire · 1901
- Perkins v. RobergeSupreme Court of New Hampshire · 1897
- Lesser v. New Hampshire Furniture Co.Supreme Court of New Hampshire · 1895
- Spalding v. MerrimackSupreme Court of New Hampshire · 1892
- Emerson v. LebanonSupreme Court of New Hampshire · 1893