Bentley v. O'Bryan

Citations

• 111 Ill. 53

Syllabus

<p>1. Evidence — judgment on distress for rent for defendant, to disprove tenancy. A judgment in favor of the defendant in a proceeding by distress, on a plea simply denying indebtedness for rent, but not putting in issue the fact of a demise, is not admissible in evidence in another suit to disprove there was any tenancy between the parties.</p> <p>2. Eobmeb adjudication — no bar as to matter not made an issue. To a distress warrant the defendant pleaded that he was not indebted in manner and form as alleged in said warrant, upon which issue was taken, but filed no plea denying the demise. A verdict and judgment were given for the defendant: Held, that the verdict and judgment did not estop the plaintiff in another suit from asserting that the defendant was his tenant.</p> <p>3. Mobtg-age — presumption that a deed is not a mortgage. Where a deed for land on its face appears to be an absolute and unconditional conveyance, and is acknowledged and delivered, the law will presume, in the absence of proof showing the contrary, that it is what it purports to be, — an absolute conveyance.</p> <p>4. Same — burden of proof on question whether a deed is or not a mortgage. Where a warranty deed for land, absolute on its face, is claimed to be a mortgage, only, the party alleging such to be the character of the instrument must sustain his claim by evidence sufficiently clear and satisfactory to overcome the presumption of law that it is an absolute conveyance. Loose, indefinite and unsatisfactory evidence will not suffice.</p> <p>5. Admissions — of grantor after conveying, as against grantee. The admissions and declarations of a grantor of land, made when the grantee is not present, can not be admitted in evidence to invalidate his deed or to affect his grantee.</p>