Chadwick v. Webber
Supreme Judicial Court of Maine
This was a writ of entry, in which the demandants claimed five ninths of an estate formerly belonging to their ancestor, Charles Webber, of which estate they allege that he died seised. The tenants pleaded that the ancestor, by Ms four deeds duly executed and delivered, in his life time, conveyed the premises to Jeremiah Webber his son, who died seised of the,same, and from Whom the premises descended to the tenants, his children and heirs at law.
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This was a writ of entry, in which the demandants claimed five ninths of an estate formerly belonging to their ancestor, Charles Webber, of which estate they allege that he died seised. The tenants pleaded that the ancestor, by Ms four deeds duly executed and delivered, in his life time, conveyed the premises to Jeremiah Webber his son, who died seised of the,same, and from Whom the premises descended to the tenants, his children and heirs at law. These facts were traversed, and issue taken thereon. At the trial of this issue, before Weston J. the tenants produced a deed, bearing date’ June…
1Opinion of the Court
Weston J.
at the ensuing Jlugust term in Oxford, delivered the opinion of the Court, as follows.
By the general rule of law, hearsay evidence of a fact in controversy, is not admissible. To this rule there are certain well established exceptions ; as in questions of pedigree, custom, certain entries or writings, which fall within the principle of hearsay evidence, of a party charging himself, or restraining his own right thereby ; and declarations making part of the res gesta. So proof of the declarations of tenants in possession, as to the nature of their occupancy, and under whom they hold,…
2Cases cited7 opinions
- Wheelwright v. WheelwrightMassachusetts Supreme Judicial Court · 1807
- Bridge v. EgglestonMassachusetts Supreme Judicial Court · 1817
- Hatch v. HatchMassachusetts Supreme Judicial Court · 1812
- Ruggles v. LawsonNew York Supreme Court · 1816
- Phœnix v. DeyCourt for the Trial of Impeachments and Correction of Errors · 1809
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State of Maine v. Aaron C. EngroffSupreme Judicial Court of Maine · 2025