[Download] "Smiths v. Shoemaker" by United States Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: Smiths v. Shoemaker
- Author : United States Supreme Court
- Release Date : January 01, 1873
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Messrs. W. D. Davidge and R. B. Washington, for the plaintiff in error: There is no evidence whatever to show when the letter which purports to have been dated 'September 10th, 1845,' was written, or that it was ever received by Hamilton Smith. The statements made in the letter are then mere hearsay evidence, and have no more efficacy than if they had been made by parol to a third person having no privity with the defendants or those under whom they claim.1 The effect of its admission was simply to mislead the jury, and when taken in connection with the instruction, that 'if the defendants have obtained their possession in subservience to, or under the plaintiff, they are not allowed afterwards to set up a claim to the property by means of their possession,' was conclusive of the whole case against the defendants.
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