Ashmore v. Hawkins

Citations

• 145 Ill. 447

Syllabus

<p>1. Chancery—sufficiency of the evidence. On an issue as to the mental capacity of a deceased grantor to make a deed for land, where the evidence is irreconcilably conflicting, it is for the jury to determine as to the testimony for the contending parties, which is entitled to the greater weight, and in such case, where the witnesses testify orally before the jury, this court will not interfere and set aside the verdict, even though, as an original proposition, it might have arrived at a different conclusion.</p> <p>2. Same—affirmative relief to a defendant. A defendant in a bill in chancery is not entitled to affirmative relief, unless it is asked in the pleadings.</p>