Carne, Demandant; Nicoll, Tenant
| Jurisdiction | England & Wales |
| Judgment Date | 17 January 1835 |
| Date | 17 January 1835 |
| Court | Court of Common Pleas |
English Reports Citation: 131 E.R. 1183
IN THE COURT OF COMMON PLEAS
1BING.(N.C.)431. CARNB, DEMANDANT 11 $3 carne, Demandant; nicoll, Tenant. Jan. 17, 1835. Statements of a deceased occupier, touching his title, are admissible in evidence generally, without reference to the particular effect they may produce in the cause. Upon the trial at bar of this writ of right, Merewether Serjt., on the part of the Demandant, was about to interrogate an aged witness as to expressions which had fallen from a deceased occupier of the premises in question, touching the party under whom he held them; the Demandant claiming title through that same party. Wilde Serjt,, for the tenant, objected to the evidence. Statements of a deceased . occupier which shew that he was not seised of the freehold are received as admissions against his own interest, or to rebut the inference of adverse possession ; but they are not evidence to shew the title of another. [431] TlNDAL C. J. The expressions in question, which fell from a...
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