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Fox's Lessee v. Palmer

Fox’s Lessee Versus Palmer, Et Al.

Fox's Lessee v. Palmer, 2 U.S. (2 Dall.) 214 (1793)
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Court
Supreme Court of the United States
Decided
April 1, 1793
Citations
2 U.S. 2142 Dall. 214
Summary
ON the trial of this ejectment, the subscribing witnesses were offered to prove, that a deed, bearing date the 1st of April, 1784, was not, in fact, executed until the month of November following. It was objected, that such proof would contradict the attestation of the witnesses themfelves. 4 Burr. 2224. 2 Esp. 194.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion

By the Court:— A subscribing witness attests nothing but the sealing and delivery of the deed: The date is a matter which he does not attest, and to which he seldom attends. By the rules of the Common Lav/, the fubferibing witneffes ihould be produced by the plaintiff to prove the execution of. the deed ; and furely it'would be their competent to the defendant to crofs-examine them, as to the real time of the delivery. But even if they were called to-contradict their own previous atteftation, the exception rather applies to their credit, than to their competency.

The objection over-ruled.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1910: 11926: 12023: 119102026peak 1910 · 1

Relies on it most ⓘ

  1. (HC) Nedd v. BirdNo. 1:22-cv-00704 (E.D. Cal. Mar. 7, 2023)
  2. Yu Cong Eng v. Trinidad271 U.S. 500 (1926)
  3. Anderson v. Myers182 F. 223 (1910)

Most recent

  1. (HC) Nedd v. BirdNo. 1:22-cv-00704 (E.D. Cal. Mar. 7, 2023)
  2. Yu Cong Eng v. Trinidad271 U.S. 500 (1926)
  3. Anderson v. Myers182 F. 223 (1910)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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