Blake v. Fash

Citations

• 44 Ill. 302

Syllabus

<p>1. Evidence—admissibility of seconda/ry—to prove contents of a diced which had teen voluntarily destroyed. Where a party has voluntarily destroyed a written instrument, he cannot prove its contents by secondary evidence, unless he repels every inference of a fraudulent design in its destruction.</p> <p>3. The general rule is, that the highest and best evidence of which the case is susceptible must be produced.</p> <p>3. Deed—when it takes effect. A deed takes effect from its delivery, and the presumption is, that it was delivered on the day of its date.</p> <p>4. Evidence—explaining date of a deed. Parol evidence is admissible to contradict the date of a deed, as not the date of its delivery; the date of the instrument not being essential to its operation.</p> <p>5. Estoppels—in pais—relating to realty—cannot he asserted in a court of law. Estoppels in pais relating to real estate, cannot be made available in a court of law.</p>