Harpham v. Little

Citations

• 59 Ill. 509

Syllabus

<p>1. Evidence—in ejectment. Where a plaintiff in ejectment read in evidence certain deeds in his chain of title, to which there was no objection in matter of form, or in respect to their execution or acknowledgment, it was held to be error to exclude them from the consideration of the jury, although there was some evidence of title to the remote grantors of the defendant, from the common source, prior in date to those deeds. The validity of such title of the defendant was questioned, and any danger of a misconception of the true state of the title from the deeds excluded, could have been obviated by proper instructions. Being pertinent to the issue, they should have been left to the consideration of the jury.</p> <p>2. Same—of a deed executed pending an injunction in respect thereto. In ejectment, the plaintiff read in evidence a deed to himself, which was executed pending an injunction restraining the grantor from making any disposition of the property; but an objection upon that ground was held not tenable. The defendant in ejectment was not a party to the injunction suit, which was for the benefit of the complainants therein, particularly; and even if the grantor of the defendant had an interest in the subject matter of the injunction, in the pending action neither of them had any cause for complaint.</p> <p>3. Moreover, the complainant in the injunction suit had, under the authority of the decree therein, conveyed to the same grantee, and it was a fair presumption that the deed tipis objected to was executed in harmony with, and carrying out the wishes of the complainant, who had obtained the injunction.</p> <p>4. Evidence of the recording of a deed. Where a prior deed is sought to be given in evidence to affect rights claimed under a subsequent deed, if it be attempted to show by parol that the former deed was recorded, with a view to notice, the time of the recording should be shown.</p> <p>5. But parol evidence is not the best evidence to show that a deed wa