Donlevy v. Montgomery

Citations

• 66 Ill. 227

Syllabus

<p>Witness—competency of pa/rty under act of 1867. On bill by the widow and heirs of a deceased mortgagor, against the mortgagee, to have an account taken of the sum due, it appearing that the deed did not express the true amount, and for redemption from the same, the complainants introduced a witness, not an agent or party to the suit, to testify, not to any particular transaction, but to a conversation occurring between the mortgagor, in his lifetime, with the defendant, and then two of the complainants testified to conversations with the defendant after the death of the mortgagor. Upon this, the court below permitted the defendant to testify generally as to the dealings and transactions between him and the mortgagor, in his lifetime: Held,, that, under the act of 1867, the defendant’s testimony should have been limited to the conversations testified to oy the complainants and their witness.</p>