Enos v. Chestnut

Citations

• 88 Ill. 590

Syllabus

<p>1. Pleading and evidence—matters 'not denied need not be proved. On bill in chancery by trustees of a church society, proof of the legal organization of the church, and of the election of the trustees, is not necessary. When these matters are not denied in the defendant’s answer, they are admitted.</p> <p>2. Consideration—giving town lots in payment of subscription for a church. Where the owner of lots offered to give two of them in payment of his subscription to a church, of $50, in 1829 or 1830, which at that time was the full value of the lots, and the offer was accepted and his subscription marked paid, and the church went into possession and built a church edifice thereon, and the owner, when asked for a deed, replied he would (and did) mark on the plat of the addition made by him, that the lots were donated for the use of the church, it was held, that, aside from the entry on the plat, the church acquired an equitable, unconditional title, and the right to a full title, by taking the lots in payment of the subscription, and had the right to dispose of them.</p>