Hinman v. Stiles

dissenting. He said tbat tbe admission of such charges on book, supported by tbe parties’ oath, would tend to introduce tbe greatest imaginable confusion. The nature of tbe thing rendered tbe idea of such a charge on book absurd; because, when a deed of land is made out, tbe grantor acknowledges tbe consideration to be paid to bis full satisfaction at tbe time of tbe grant; and it is both dangerous and absurd, tbat so high an evidence should be set aside by tbe parties’ own oath.

On examination of two of tbe jurors, it appears tbat tbe jury found tbe sum of £40 credited to tbe defendant, wbicb was equal to the sum charged for tbe land, and wbicb by agreement of tbe parties was to be in payment for tbe land; and tbe small sums of interest included in tbe verdict, were not, on trial, objected to by tbe defendant: And one witness testified, tbat tbey were charged by consent of tbe defendant. There were other proper boolc-debt articles in tbe account, to a large amount, to wbicb there was no objection; and tbe balance would have been tbe same, if tbe land, and sum credited for it, bad not been entered on tbe book: Therefore tbe motion in arrest is insufficient.