Bradish v. Yocum

Citations

• 130 Ill. 386
• 23 N.E. 114

Syllabus

<p>1. Appeal — reviewing the facts. In cases that come to this court through the Appellate Courts, the judgments of the Appellate Courts are, under the statute, final and conclusive as to all matters of fact in controversy; and when the trial is upon issues of fact, then, unless the record shows that some question of law is raised by exceptions, by instructions, by propositions submitted to the court, or otherwise, there is no question involved which this court is permitted to review.</p> <p>2. Same—in ejectment—■reviewing the facts, as well as the law. In an action of ejectment, involving a freehold, brought directly from the trial court, this court is authorized to pass both upon the facts and the law, and it is immaterial whether the complaint is that the court below, in making its finding, came to a wrong conclusion upon the facts or the law, or both. The inquiry is, did the facts, as they appear in the record, and the law, authorize the finding and judgment below.</p> <p>3. Contract in respect of real estate—the word “sold\ not the equivalent of “conveyed.\ The word “sold,” when applied to real estate, can not, as a matter of law, be held always to be equivalent to the word “conveyed.” While a sale of realty can not be complete and effectual to pass the title without a conveyance, yet. the word “sold” and the word “sale” are frequently used with reference to a transaction wherein no deed has been executed. It will always depend upon the circumstances of the particular case whether or not the word “sold” or “sale” imports an actual conveyance.</p> <p>4. Conveyance—as to the property conveyed—latent ambiguity explained by parol. Where a latent ambiguity in the description of land in a deed is made manifest by other evidence, parol evidence is admissible for the purpose of making an identification of the land alienated by such deed. Parol evidence is always admissible to explain a latent ambiguity, and show what property was intended to be conveyed.</p> <p>5. In c