James Moore Wayne

Name: Tobey v. Leonards — Opinion of the Court
Author: James Moore Wayne

Tobey v. Leonards — Opinion of the Court

Summary

“Tobey v. Leonards — Opinion of the Court”, is a work by James Moore Wayne. It explores elements such as Jonathan Tobey, Horatio Leonard and Rotch.

Quotes from Tobey v. Leonards — Opinion of the Court (James Moore Wayne)

James Moore Wayne, Tobey v. Leonards — Opinion of the Court

“ We say next that the attempt by the defendants to discredit Jonathan Tobey as a man of truth is a failure, in fact, from all that the witnesses, introduced for such purpose, had said or could say about him, and that all that they did say has been rebutted by the evidence of witnesses more numerous than the former and as respectable. Some of them had known Tobey for years in the social relations of his life and in his public business; all of them swore without any qualification that they believe him to be a correct man, and that they would believe him upon his oath. ”

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Source: Wikisource

James Moore Wayne, Tobey v. Leonards — Opinion of the Court

“ Courts of equity cannot decree against such denials in the answer of the respondent on the testimony of a single witness. On the contrary, the rule is universal, under such circumstances, that the complainant must have two witnesses, or one witness and corroborative circumstances, or he is not entitled to relief. The rule stands upon the reason, that when a complainant calls upon the respondent to answer allegations, he admits the answer to be evidence ”

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Source: Wikisource

James Moore Wayne, Tobey v. Leonards — Opinion of the Court

“ William Tobey, the seventh witness, testifies that he was intimately acquainted with Horatio Leonard for seven years, including the year 1859, and that he called upon him at his place of business in Boston in reference to the matter, and said he had made a proposition to Stephen Tobey, that himself and Stephen should buy the claim of the Rotch heirs; Stephen to put in his claim; that they should be interested and improve the farm and occupy it together; and that, if Stephen should die without heirs, his interest should be willed to the children of Horatio. ”

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Source: Wikisource

James Moore Wayne, Tobey v. Leonards — Opinion of the Court

“ Sampson Reynolds, a fourth witness, swears, that Nehemiah Leonard said to him that his son had married Jonathan Tobey's daughter, and that he had a notion to take up the Rotch mortgage, cutting and selling wood enough to pay off the debt, and letting the old man have a home there as long as he lived.
Alden Lawrence, a fifth, testifies that Nehemiah Leonard said to him, that he had taken the property for the accommodation of the old gentleman, as he was liable to be turned out of house and home at any time; took it to preserve a home for the old folks ”

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Source: Wikisource

James Moore Wayne, Tobey v. Leonards — Opinion of the Court

“ We are also of opinion,-when the complainant tendered to Nehemiah Leonard the sum necessary to pay the notes with interest, which had been given to the Rotch heirs, at the same time asking for a reconveyance of the property,-that he was entitled to it, and that it should have been made, and that the subsequent sale of it, as it was made, was in fraud of the complainant's rights. ”

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Source: Wikisource

James Moore Wayne, Tobey v. Leonards — Opinion of the Court

“ This, no doubt, is the general rule of chancery; [2] but it is one which does not, in the present case, apply, for here seven unimpeached witnesses state that in business interviews either with Horatio or Nehemiah Leonard, in relation to their purchase of the homestead farm, or to matters in some way connected with it, the defendants, one or the other of them, said, in language which could not be mistaken, that the purchase of the Rotch mortgage had been made to assist Jonathan Tobey to pay the debt due upon it. We proceed to state this testimony, and the impressions made upon us by it. ”

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Source: Wikisource

James Moore Wayne, Tobey v. Leonards — Opinion of the Court

“ This is the issue between the parties, and the question is which of them is sustained by the proofs.
'Denials in answer to a bill in equity to the extent of their relation to facts within the knowledge of the respondent, when they are responsive to the allegations of the bill of complaint, must be received as evidence. ”

James Moore Wayne

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