Gervin v. Meredith

Decided July 15, 1816

Supreme Court of North Carolina · decided 1816-07-15

This was an action of trespass quare clausum fregit. The plea ‘liberum tenementum. 'The dispute is altogether as to the boundaries of two tracts of land. The declarations of a man by the name of Wingate, who lived on the land upwards of twenty years ago, and who was the tenant and son-in-law of the person under whom the defendant claims, were offered in evidence by the plaintiff and admitted by the Court.

Decided 1816-07-15

Cameron, J.

¶1delivered the opinion of the Court:

¶2The rule which allows hearsay evidence to prove the boundaries of lands, restricts it to the declarations of deceased persons. We do not conceive that the circumstance *636of the witness living out of the State, authorises any relaxation of the rule. The testimony of the witness, though living in Tennessee, might have been procured by deposition. The declarations of the witness, not on oath, was not the best evidence, which it was in the power of the party offering it to adduce.

¶3We are, therefore, of opinion, that the rule for a new trial should be made absolute. A new trial granted.