Jackson ex dem. Garland v. Browner
New York Supreme Court
EJECTMENT to recover part of great lot, No. 4. in J\PNeiPs patent, in the town of Danube, tried before Mr. Justice Yates, at the Herkimer Circuit, in June, 1819. The plaintiff gave in evidence letters patent, dated August 15, 1761, to John M‘Neil, Alexander Stewart and others, for a tract of 3,400 acres of land, in Danube, including the premises in question ; also, a- deed of partition, by which lot No. 4. became the separate property of M‘Neil.
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EJECTMENT to recover part of great lot, No. 4. in J\PNeiPs patent, in the town of Danube, tried before Mr. Justice Yates, at the Herkimer Circuit, in June, 1819. The plaintiff gave in evidence letters patent, dated August 15, 1761, to John M‘Neil, Alexander Stewart and others, for a tract of 3,400 acres of land, in Danube, including the premises in question ; also, a- deed of partition, by which lot No. 4. became the separate property of M‘Neil. George Shall, a witness of plaintiff, testified, that M, the patentee, left this country before the revolutionary war, and went to Ireland, where he…
1Opinion of the Court
Sí>encer, Ch. J.
delivered the opinion of the Court. Mr. Justice Le Blanc, in Higham v. Ridgeway, (10 East, 120.) lays down the rule of evidence in cases of pedigree with perspicuity, and places it on a reasonable ground. He considers it as a departure from the strict rules of evidence, on account of the great difficulty of proving remote facts in the ordinary way, by living witnesses; “ and on this ground,” he says, “ hearsay and reputation (which latter is the hearsay of those who may be supposed to have known the fact, handed down from one to another) have been admitted as evidence in cases…
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- Waldron v. TuttleSuperior Court of New Hampshire · 1828
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