Groenendyke v. Coffeen

Citations

• 109 Ill. 325

Syllabus

<p>1. Chancery—master’s report—of Us sufficiency as to the subject matter of the finding. On bill by the heirs of a deceased partner against the survivor, for an account, and partition of lands held in trust by the survivor, a finding by the master in chancery, to whom the cause was referred to report his conclusions both of law and fact, that the real estate of the firm was divided on a certain day, is equivalent to a finding that all the lands of the firm were divided, and that none others were held in trust for the late firm.</p> <p>2. Same—as to the basis of the master's report—whether it sufficiently appears. Where a master’s report of a partnership account did not state how he made up his statement of the account so as to arrive at the balance due, but showed that two expert accountants had made a very careful examination of the books, and that the conclusion they reached differed widely from his own, and the court sustained an exception to his report, it was held, no error in sustaining the exception, as the record failed to show that the calculation of the accountants was on an erroneous basis, or whether the court heard other evidence, or did not examine the books.</p> <p>3. Same—;finding the facts in the decree—presumption—and what is matter of record. In a chancery case it will be presumed that the finding of the facts by the court, recited in the decree, were warranted, unless the testimony found in the record shows to the contrary. A party dissatisfied with the finding of facts upon which the decree is based, must bring the testimony before this court that will show that such facts were erroneously found, otherwise it will be presumed the findings were warranted.</p> <p>4. All depositions on file in a chancery case, and the master’s report of evidence, become a part of the record without any certificate of the court. But -when the court, in its decree, finds the facts, from the evidence and the depositions and master’s report, and the evidence found in