Carne v. Truman

Citations

• 103 Ill. 321
• 1882 Ill. LEXIS 178

Syllabus

<p>1. Practice in chancery—findings must support decree where the evidence is not preserved. Where the evidence in a chancery suit is not preserved in the record, no presumptions can be indulged in this court as to what the court below found, but the findings must speak for themselves, and if they are not sufficient to sustain the decree, it will be erroneous, and must be reversed.</p> <p>2. If there is in such a case a finding of facts sufficient to support the decree, this court will presume the evidence warranted the finding, when it is not preserved in the record.</p> <p>3. Where copies of affidavits filed in the county clerk’s office of the purchase of a lot for taxes, and of the service of notice of the time when the redemption will expire, are preserved in the record as exhibits, in a bill to set the tax deed aside as a cloud upon the former owner’s title, a finding in the decree of the court that said affidavits are null and void, and not in compliance with the statute, will not preclude this court from examining the exhibits to see if they are void, and not in compliance with the statute.</p>