Chambers v. Rowe

Citations

• 36 Ill. 171

Syllabus

<p>1. Chancery—when answer in, under oo,th, and no replication, nothing hut matters of record can he hmrd against it. In the absence of a replication to an answer in chancery put in under oath, nothing can be heard against the answer but matters of record.</p> <p>2. Same —practice in. It is the uniform practice in this State, to set a cause for hearing, on bill, answer and depositions, in all cases where the oath to the answer is waived, although no replication is filed.</p> <p>3. Sam—what is pleading in. The answer, not under oath, is mere pleading, and only serves to make up an issue.</p> <p>The dictum in Trout v. Emmons, 29 Ill. 437, was unadvised, and does not state the true rule in chancery proceedings.</p> <p>4. Same — oral testimony in. Oral testimony can be received, under the statute, in all chancery causes.</p> <p>6. Same —part performance on contract for sale of land. Putting a purchaser in possession of land sold to him by parol, receiving payment of part of the stipulated price, and the purchaser entering upon the land, and despoiling it of its most valuable timber, makes a case for a court of equity to compel him to pay the balance of the purchase-money, and perform his contract fully, especially when the statute of frauds and perjuries is not pleaded.</p>