Deniston v. Hoagland

Citations

• 67 Ill. 265

Syllabus

<p>1. Evidence—errors in the admission and, rqection of. Although there • may be errors in the admission and rejection of evidence in a chancery suit heard by the court, yet, if there is sufficient evidence which is clearly competent to sustain the decree, and the result would have been the same if the rejected evidence had been considered, the decree will not be reversed.</p> <p>2. Specific performance—sufficiency of evidence. Where the proofs satisfactorily established a verbal contract as to the bargain and sale of land, possession and cultivation of the premises for a number of years, the payment of the purchase money, and full knowledge on the part of a subsequent purchaser, prior to the conveyance to him, of the entire transaction, this will be amply sufficient to authorize a decree for the specific performance of the contract and setting aside of the conveyance to the subsequent purchaser.</p> <p>3. Witness—competency of widow of a deceased party. On a bill for specific performance of a contract for the sale of land, by the heirs at law of the vendee, the widow of the vendee is a competent witness for the heirs. The fact that the transaction or conversation, sought to be proved, occurred during the marriage, does not alone, under the statute of 1867, relating to evidence, render her incompetent. To render her so, she must be called as a witness for or against her husband. Section two of that act applies only where either the husband or wife is a party to the suit.</p> <p>4. Parties in chancery—advantage—how taken—of want of necessary parties. Where want of proper parties is apparent on the face of the bill, the proper practice is, to take advantage of it by demurrer. Where the rights and interests of'the persons not before the court, can not be materially affected by the final decree, it will not be reversed for the omission to make them parties.</p> <p>5. Same—bill for specific performance. On bill for specific performance of a contract for the sale of land,