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12 N.H. 524

Stevenson v. Chapman

Superior Court of New Hampshire

Decided January 15, 1842

Superior Court of New Hampshire · decided 1842-01-15

Writ of Entry, to recover an undivided half of about fifty acres of land in Tamworth. Prior to 1835, Joseph A. Whitten was the owner of one half of the tract described. The plaintiff offered in evidence a deed from Whitten to himself, dated the 25th of April, 1835, purporting to convey one undivided half of the tract, which was recorded June 2d, 1835.

Cited by 1 later decisions — most recently June 1847

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1842-01-15

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Parker, C. J.

¶1The objection to the admission of the witness cannot be supported.

¶2It seems to be well settled, that a grantor may be a witness to show that his deed is invalid, even for fraud, if he have no interest in the case. 5 N. H. Rep. 181, Hadduck vs. Wilmarth ; 9 N. H. Rep. 347, Marston vs. Brackett; 2 Ld. Raym. 1008, Title vs. Grevett; 11 Mass. R. 368, Worcester vs. Eaton; Ditto 498, Loker vs. Haynes; 15 Pick. R. 420, Hudson vs. Hurlburt; 13 Maine 9, Wise vs. Tripp; 4 Vermont R. 493, Seymour's Ad'r vs, Beach; 6 Johns. R. 135, Jackson vs. Frost; 6 Wend. R. 415, Jackson vs. Packard.

¶3The weight of his testimony, if he swear to his own turpitude, is to be considered by the jury.

¶4*526It is now settled in this state, in relation to negotiable paper, that a party who has given currency to it is a competent witness to show that it was void at the time. 9 N. H. Rep. 349, Marston vs. Brackett; Odiorne vs. Howard (10 N. H. Rep. 343) ; Haines vs. Dennett, (11 N. H. Rep. 180.)

¶5Judgment for the defendant.

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