Allison v. Perry

Citations

• 130 Ill. 9
• 22 N.E. 492

Syllabus

<p>. 1. Chancery—consideration of testimony—presumption. Although the record of a chancery suit may contain much testimony that is irrelevant, it will be presumed, in the absence of anything showing the contrary, that the master and the chancellor acted only upon such as was properly admissible.</p> <p>2. Same—evidence—on exception to master’s report. A second deposition of a party, taken after the filing of the master’s report, is not competent evidence on the hearing of exceptions to such report.</p> <p>3. Same—production of documents—after examination before master —notice. Some months after the examination of one of the parties before the master, the other party moved the court to require the party so examined to produce certain letters, based on affidavit of materiality and want of copies: Held, that the motion was properly overruled. If the letters were admissible, notice should have been given to produce the same, and upon refusal to do so, secondary evidence of their contents would have been admissible.</p> <p>4. Partnership in lands—Statute of Frauds—relations between the partners. The law does not require that the agreement of co-partnership shall be in writing, to enable the firm to purchase lands. Where the partnership is formed under a parol agreement, it may be shown that its property consists of land.</p> <p>5. Partners may buy lands for the joint account of all, but the legal title need not be made to all. By consent, the title to land bought by the firm may be conveyed in trust, to one of the partners, and the partners not invested with the legal title can not, under the Statute of Frauds, defeat a note given by them to the other partner for their share of the price advanced for them.</p>