Loker v. Haynes
Massachusetts Supreme Judicial Court
This was an action of entry sur disseisin, and was tried on the general issue, before the present chief justice; from whose report of the trial, it appears that the demandant’s title was under the levy of an execution upon the premises demanded, to satisfy a judgment regularly obtained by him against one Samuel Haynes, who was formerly seised of the land.
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This was an action of entry sur disseisin, and was tried on the general issue, before the present chief justice; from whose report of the trial, it appears that the demandant’s title was under the levy of an execution upon the premises demanded, to satisfy a judgment regularly obtained by him against one Samuel Haynes, who was formerly seised of the land. The tenant claimed title under the said Samuel Haynes, who, by deed, on the 23d of December, 1805, conveyed the premises to Susannah Haynes, who, by deed dated the 29th of [*499] November, 1809, conveyed the same to the * tenant. These…
1Opinion of the Court
At the present term, the opinion of the Court was delivered by
Parker, C. J.
A new trial is moved for in this case, because certain witnesses for the demandant, to prove that the conveyances, under which the tenant holds, were fraudulent, were not permitted to be sworn ; being considered by the judge as incompetent, because they were the grantors in the deeds, which they were about to impeach by their testimony.
There were no covenants, by which they were rendered interested in the event of this suit; and the sole ground of rejection was that, being parties to the deeds, and having, by their…
2Cases cited1 opinion
- Fox v. WhitneyMassachusetts Supreme Judicial Court · 1819
3Cited by12 opinions
- Moore v. TracyNew York Supreme Court · 1831
- State v. HollowayIndiana Supreme Court · 1846
- Taylor v. LutherU.S. Circuit Court for the District of Rhode Island · 1835
- Bonney v. SeelyNew York Supreme Court · 1829
- Administrator of Seymour v. BeachSupreme Court of Vermont · 1832
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