Knower v. Wesson

Decided October 15, 1847

Massachusetts Supreme Judicial Court · decided 1847-10-15

Writ of entry, to recover possession of a parcel of land in Worcester. At the' trial before Dewey, J. the demandants claimed title to the demanded premises through John Knower, who acquired the same by a deed made to him by Benjamin Jepson and others, bearing date January 4th 1782. It appeared that said John Knower entered upon said premises under said deed, and occupied them; and no question was made as to his title thereto.

Decided 1847-10-15

Shaw, C. J.

¶1If there were any doubt of the admissibility of the evidence objected to, at common Ia.w, the objection is wholly removed by St. 1840, c. 84, and St. 1841, c. 20. By the former, the admission of this evidence was limited to cases of divorce ; by the latter, it was extended to “ all cases where it shall become necessary to prove the fact of marriage.” The evidence, thus declared competent, is that of “ general repute, or of cohabitation as married persons, or any other circumstantial or presumptive evidence, from which said fact [of marriage] may be inferred.” Such was the evidence offered, objected to, and admitted. There is no intimation in the statute that the testimony must come from members or connexions of the family. It may come from any one who knows the circumstances.

¶2Judgment on the verdict for the demandants