Turner Falls Lumber Co. v. Burns
Supreme Court of Vermont
General Assumpsit. Heard on tbe report of a referee, at the March term, 1899, Essex county, Rowell, J., presiding. Judgment for the defendant. The plaintiff excepted. This action was brought to recover back money paid by the plaintiff to the defendant for timber taken from the plaintiff’s own land. The plaintiff and the defendant were adjoining owners and the line between their lands was uncertain.
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General Assumpsit. Heard on tbe report of a referee, at the March term, 1899, Essex county, Rowell, J., presiding. Judgment for the defendant. The plaintiff excepted. This action was brought to recover back money paid by the plaintiff to the defendant for timber taken from the plaintiff’s own land. The plaintiff and the defendant were adjoining owners and the line between their lands was uncertain. The plaintiff bought the timber of the defendant upon the land in question upon the latter’s representation that the land belonged to him and a surveyor was agreed upon who, with the assistance of…
1Opinion of the Court
Taft, C. J.(1) The testimony showing the declarations of the deceased persons, Stewart and Bell, was admitted under exception. That hearsay evidence is not admissible, is a general rule. There is an exception to the rule which is well stated in Wood v. Willard, 37 Vt. 377. The declarations of deceased persons in respect to the boundaries of land may be admitted under certain conditions. The question before us is, does the testimony fall within the exception. The facts making such testimony admissible are not to be proved by what the declarant said but must be proved by other means. One…
2Cases cited11 opinions
- McDaniels v. President of the Bank of RutlandSupreme Court of Vermont · 1857
- Wood v. WillardSupreme Court of Vermont · 1864
- Child v. KingsburySupreme Court of Vermont · 1873
- Burnell v. MaloneySupreme Court of Vermont · 1867
- Brainerd v. Champlain Transportation Co.Supreme Court of Vermont · 1857
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3Cited by4 opinions
- Taylor v. Henderson and SmithSupreme Court of Vermont · 1941
- Benz v. City of St. PaulSupreme Court of Minnesota · 1903
- Hathaway v. GoslantSupreme Court of Vermont · 1905
- Holt v. RuleauSupreme Court of Vermont · 1918