Cuddy v. Brown

Citations

• 78 Ill. 415

Syllabus

<p>1. Proof of heirship—hearsay evidence admissible. Hearsay testimony is admissible in questions of pedigree.</p> <p>3. Where a party, owning real estate, died without issue, and it appeared that he originally came from a certain locality in Ireland, and. that he had frequently spoken, amongst his friends, of his father and brothers, half brothers and a sister, naming some of them, still residing where he came from, and parties claiming to be heirs of the deceased proved that their father lived in the same locality; that it was common report in their family that they had an uncle in America of the same name of deceased; that their father had brothers and half brothers and a sister, and that the names of their father and his brothers, half brothers and sister corresponded with the names of those of deceased, so far as he had given their names, and that the name of their paternal grandfather corresponded with the name of the father of deceased, as given by himself ; and it further appearing that the claimants were the sole surviving descendants of their father, and that all of his brothers, sisters and half brothers were dead, and had no descendants surviving: Held, this was sufficiently satisfactory evidence of the heirship of the claimants.</p> <p>3. Baboain ard sale of lard. A verbal contract made by the owner of land with the father of an infant eighteen months old, that he will give all his land to such infant in consideration of the surrender of such infant by the father to him, to be raised by him as his own child, does not constitute a bargain and sale of the land.</p> <p>■ 4. Such a state of facts might, under some circumstances, raise an equity which a court of equity, upon proper proofs, would carry out and enforce.</p> <p>5. Same—possession. If an infant, eighteen months of age, is taken into the family of the owner of land, under a verbal agreement between the father of the infant and the owner of the land, that the infant was to live with and he raised