Responsa for Bava Batra 61:10
אמר רב נחמן אוקי אכילה לבהדי אכילה ואוקי ארעא בחזקת אבהתא א"ל רבא הא עדות מוכחשת היא אמר ליה נהי דאיתכחש באכילתה
[A case arose in which] one said, 'This [land belonged] to my father,' and the other said, 'To my father,' but the one brought witnesses to prove that it had belonged to his father and that he had had the use of it for the period of <i>hazakah</i>, and the other brought witnesses [only] to prove that he had had the use of it for a sufficient number of years to confer a legal title. Said R. Nahman: The evidence that the one has had the use of it cancels out the evidence that the other has had the use of it, and the land is therefore assigned to the one who brings evidence that it belonged to his father. Said Raba to him: But the evidence has been confuted? — He replied: Granted that it has been confuted in regard to the user,<span class="x" onmousemove="('comment',' Lit., 'the eating of it.' ');"><sup>8</sup></span>
Teshuvot Maharam
A. If the tutor definitely admitted A's claim, and later retracted his admission, A is free from obligation to the tutor. However, he cannot collect anything he has already paid, since the tutor's promise of a refund was not accompanied by a formal act of transference. But, if the tutor's denial followed immediately upon his admission, or if the denial merely explained that the admission was really no admission, or if the admission was only implied but not definitely stated, A must pay the tutor his fee for the whole year. A, however, may bring another pupil to the teachr to be taught in place of his son.
SOURCES: Pr. 434–435. Cf. Agudah B. M. 118.
Teshuvot Maharam
A. It is customary for charity officers to advance their own money when the charity chest is empty and to collect it afterwards. Such officers' claims that money is due them from the chest are believed. Therefore, A is entitled to collect his two marks, and his subsequent explanation of his statement "I do not ask anything of you", should be accepted.
b) Q. Some members of the community are ready to testify in A's behalf. Is their testimony admissible as evidence?
A. The testimony of residents of a city is admitted as evidence in a case to which all the residents of the city are a party, if their testimony is against the interests of the city residents. Such testimony, however, is not admissible against the relatives of the witnesses.
SOURCES: Pr. 1012; Mordecai Hagadol, p. 301a; ibid. p. 350a; cf. Mord. B. B. 489; Weil, Responsa 124.