Gridley v. Bingham

Citations

• 51 Ill. 153

Syllabus

<p>1. Evidence—of the admissions of a vendor after the sale. The statements of a vendor of land made after the sale, are not admissible for the purpose of showing the transaction was fraudulent, or to prove any other fact affecting the title of the vendee.</p> <p>2. Improper evidence—should not he admitted even with an explanation. Where a party offers matter in evidence which is not properly admissible, the opposite party has the right to have it entirely excluded from the jury; and its admission, even with an explanation from the court to the jury as to its legal bearing, is erroneous.</p> <p>3. So, in an action of ejectment, where the plaintiff sought to prove statements made by the vendor óf the defendant, after the sale to him, relartive to facts affecting the title of the defendant, the statements were admitted against the objection of the defendant, with an explanation by the court, that such statements were not evidence against the defendant,* but were evidence against his vendor: it was hdd, their admission was erroneous, notwithstanding the explanation of the court, as they would be likely to mislead the jury.</p> <p>4. Ebatjd—hath parties must participate. To avoid a sale upon the ground that it was fraudulent, as to creditors, it must appear that both the vendor and vendee were parties to the fraud.</p>