Hadley v. Howe

Traditionary Evidence of Boundary. One of the conditions upon which the declarations of deceased persons in relation to the location of boundary lines and monuments are received in evidence, is, that it shall be bhown that they had knowledge of such, lines and monuments at the time of making the declarations to bo proved. But such knowledge cannot be shown by what they said} it must be proved by other means.

Ejectment. Plea, not guilty. Trial by jury, and verdict for the defendant, June term, 1873, Ross, J. presiding. The only question was as to the location of the true line between the house-lots of the plaintiff and defendant, on Summer street, in the village of St. Johnsbury. Both parties derived title from Moses Kittridge, who died in January, 1873. The lines of both lots were surveyed in 1853, and all deeds since then followed the descriptions of that survey. The defendant was permitted, against the plaintiff’s objection, to testify that after this suit was commenced, he met said Kittridge in the street one day, some distaiice' from the line in dispute, and hot in sight of it, and asked Mm to go and look the lines of-said lot's over, and see if the fences were in the right place ; that afterwards he again met said Kittridge, who told him he had been to look at the lines, and that the fence between the plaintiff and defendant was all right. None of said conversation was in sight of the disputed promises; nor was there any other evidence of what Kittridge told the defendant. It was conceded that Kittridge helped set the stakes and make the survey when Ihe lots were surveyed in 1853. Exceptions by the plaintiff. cited 1 Phil. Ev. 181, 200, 226 ; 1 Greenl. Ev. §§145, 147 ; Berkeley Peerage Case, 4 Gamp. 401, 411 ; Euigh Peerage Case, cited 1 Phil. Ev.' 224; Smith v. Powers, 15 N. H. 546 ; Wood et al. v. Willard et al. 37 Yt. 877 ; Powers et al. v. Silsby et al. 41 Yt. 288; Miller v. Wood et al. 44 Yt. 378. cited 1 Smith Lead. Cas. 338, notes ; Sasser v. Herring, 3 Dev. Law (N. C.), 340 ; Great Falls Co. v. Worster, 15 N. H. 412 ; Smith v. Powers, lb. 546 ; Adams v. Blodgett, 47 N. H. 219 ; Hinny v. Farnsworth, 17 Conn. 355 ; Wood et al. v. Willard et al. 37 Yt. 377; Potvers et al. v. Silsby et al. 41 Yt. 288.