Jefferson v. Jefferson

Citations

• 96 Ill. 551
• 1880 Ill. LEXIS 68

Syllabus

<p>1. Assignment of error which does not affect the party complaining. Where the trial court, upon the hearing of a suit in chancery, dismisses the bill as to a part of the defendants, and enters a decree'against the others, the latter alone taking an appeal can not assign for error the dismissal of their co-defendants from the case.</p> <p>2. Same—admission of incompetent evidence in chancery. Where the record in a suit in chancery contains competent evidence sufficient to sustain the decree, it will be presumed the court, on the hearing, rejected any incompetent evidence which may have been admitted, and rendered the decree upon evidence that was competent. So, in such case, although the court may have admitted incompetent evidence upon the hearing, there being no jury, that is no ground for reversal.</p> <p>3. Notice—by possession of land. Where a purchaser of a part of a tract of land by parol, erected a house upon the portion purchased, and entered into possession, residing on the premises and cultivating the same, such possession was held to afford notice to a person residing on the tract from which the part so purchased was taken, of the rights of the purchaser under his contract.</p> <p>4. Contract-—whether a sale or a gift. $ person being indebted to his son in a certain sum of money, proposed to him that he would convey to him a certain tract of land in discharge of the debt, provided the son would erect a house upon the land. The son accepted the proposition and performed the condition, and entered into the occupancy of the premises. The transaction was construed to be a purchase of the land by the son, and not a mere gift by the father.</p> <p>5. Dower—how affected by a conveyance of land, and reconveyance to the wife, subsequent to a sale without conveyance. The owner of a' tract of land sold the same to his son, by parol, agreeing to convey upon the performance of a certain condition by the son. The condition was duly performed. Subsequent to this sale