Binkert v. Wabash Railway Co.

Citations

• 98 Ill. 205
• 1881 Ill. LEXIS 242

Syllabus

<p>1. Decree—presumption that the evidence sustained the findings of the court. Where no bill of exceptions or certificate of evidence is found in the record of a chancery case, the propriety of the decree must be determined exclusively from the allegations of the bill, and the facts found by the court as stated in the decree, as it must be presumed the evidence was sufficient to sustain such findings. A court of review, where nothing appears to the contrary, will indulge in all reasonable presumptions to sustain the decree of the lower court.</p> <p>2. If a decree specially finds to he true every material fact in the bill, and contains no findings at all modifying the effect of the facts thus found, it will follow that if the facts charged in the bill are sufficient to sustain the decree, th^n the decree is not erroneous.</p> <p>3. Same—effect of finding a chattel mortgage was a valid lien before lien for taxes attached. Where the decree, upon a bill to enjoin the levy of a collector’s warrant upon personal property of the complainant, issued upon an assessment of the same against a former owner, finds that the mortgage under which the complainant claims was a valid lien on the property prior to the assessment, and delivery of the warrants to the collector, this will amount to a finding that the mortgage was properly acknowledged and recorded, or that possession must have been taken under it before it expired, the presumption being in favor of the finding of the court.</p> <p>4. Same—as to person not served. A bill to enjoin the sale of complainant’s personal property for taxes levied against a former owner, made the collectors of several counties defendants, among whom was the collector of Scott county, who, by mistake, was named as Coats. There being no service on him, an amendment was made to the bill in which the name of the collector of that county was correctly given, who appeared and answered, and the cause proceeded to final decree, without question as to t