Harvard Law Review Volume 26

Harvard Law Review Volume 26

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ...such information. Held, that the evidence is inadmissible. Smilh v. Stanley, 75 S. E. 742 (Va.). At common law the recognized public or general interest exception to the hearsay rule admitted, to prove boundaries, only declarations as to matters of general reputation in regard to public boundaries. Queen v. Bliss, 7 A. & E. 550; Hall v. M ayo, 97 Mass. 4r6. In some American jurisdictions the courts have made a twofold extension of the exception by admitting hearsay evidence as to private boundaries of particular facts known or acts done by the declarant himself, on the grounds of the necessary lack of other evidence in the early history of American communities. Marlin v. Folger, 15 Cal. 275; Harriman v. Brown, 8 Leigh (Va.) 697. It has been suggested that the American rule is traceable to the older English rule i.n regard to private prescription. See I3 HARV. L. REV. 56. The fact that the declarant is in eflect an unsworn witness testifying of his own knowledge has led to several clearly defined limitations. The declarant must be dead and have had no motive to misrepresent. Scarfe v. W cslern North Carolina Land Co., 90 Fed. 238. See Barrett v. Kelly, I3I Ala. 378, 384, 30 So. 824, 826. The rule of anle lilem molam also applies. Hamillon v. Smith, 74 Conn. 374, 50 Atl. 884. See I5 HARV. L. REV. 673. The further limitation of the principal case that the declarant muststand in reference to the land so as to have made it his duty or interest to obtain accurate information seems also a reasonable qualification. Clements v. Kyles, I3 Gratt. (Va.) 468; Fry v. Slowers, 92 Va. I3, 22 S. E. 500. FIXTURES--TRADE FIXTURES---WHAT FIXTURES ARE REMOVABLE. The defendant removed from the front of a store leased from the plaintiff plateglass windows...show more

Product details

  • Paperback | 384 pages
  • 189 x 246 x 20mm | 685g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236777891
  • 9781236777898