Corbleys v. Ripley

Citations

• 22 W. Va. 154
• 1883 W. Va. LEXIS 48

Syllabus

<p>1. The declarations of a deceased person as to the corners and lines of a tract of land owned by him, when the declarations were made, are admissible as evidence, if at the time they were made he had no interest to misrepresent. But if the circumstances and his situation at the time show, that he had an interest to make false .representations as to corners or lines, such declarations are inadmissible, (p. 159.;</p> <p>2. Joseph Stull sr. owned a tract of land, which he conveyed to his son Joseph jr., and he to the plaintiffs, who brought an ejectment suit against defendant, who claimed beyond the line claimed by plaintiffs; and the plaintiffs, to prove the lines and corner as they claimed them, offered to prove declarations made by Joseph Stull sr., deceased more than twenty-five years before, when he , owned the land, that the lines and corners were situated as claimed by plaintiffs. Held :</p> <p>The declarations were inadmissible.</p>