Duffield v. Delancey

Citations

• 36 Ill. 258

Syllabus

<p>1. Instructions—evidence — affirmative—negative. All issues of fact must be proved, either by affirmative or negative evidence. It is error to instruct the jury that title to personal property must be proved by affirmative evidence.</p> <p>2. Same—law—fads. It is the province of the court to instruct the'^ury as to the law of the case, and that of the jury to find the facts proved by the evidence. It is error for the court, in giving an instruction to the jury, to assume that facts have been proved; that is alone for the jury to find.</p> <p>3. Sale oe property—consideration. Where there is a question of fraud, and it is insisted that the sale is without consideration, it is error for the court, in giving an instruction, to assume that the sale was made without remuneration.</p>