17 Me. 65
Supreme Judicial Court of Maine
Decided April 15, 1840
Supreme Judicial Court of Maine · decided 1840-04-15
This was a writ of entry. To make out his title, the demand-ant offered a deed of the land demanded, and introduced a witness who testified, that the subscribing witnesses to the deed resided in Somersworth, in the State of New-Jiampshire, near the line of Maine, and within thirty miles of the place of trial, and were fre» qnently within the county of York; that he was well acquainted with the handwriting of the subscribing witnesses and of the grantor, having seen them…
Decided 1840-04-15
¶1The authorities cited for the plaintiff) establish the point, that where the subscribing witnesses to an instrument are out of the jurisdiction of the Court, their testimony may be dispensed with. Such being the fact here, the evidence adduced by the plaintiff was legally admissible.
¶2Judgment on the verdict.