Burroughs v. Thorne

Award, set aside, because arbitrators recompe (a) tator’s right to ^"¿’al^yhout competent, in £,g premises!"

BURROUGHS commenced an action for a trespass, , . e 1 t i • -Lx , 1 upon a very narrow strip of land, lying between the farms of the parties, which had long been the subject expensive litigation, between them. They then entered into an arbitration bond, and agreed, to make their mission, a rule of court. The arbitrators, made an award, by which, among other things, they ordered, that suits pending, should be no furtlior prosecuted ; and adjudged the line in favour of Burroughs. Thorne, took a rale to shew cause, why the award should not be set aside, and filed several reasons; among the rest, that the arbitrators rejected, as witnesses, Joseph Thorne and Isaac Thorne, offered by the defendant, to prove the declarations and admissions of Joseph Burroughs, the father of plaintiff, under whom he claims, and who was then in the ownership and possession of the land, when the declarations were made. The objection to the witnesses, was, that they were the executors of Thomas Thorne, deceased, and as executors, had sold to defendant, such right to the premises, as their testator had, and given a deed without warranty.