Kennedy v. Merriam

Citations

• 70 Ill. 228

Syllabus

<p>1. Seevxce—return showing service on one of different name. The sheriff made a return upon a summons in chancery, against May Louisa Ismon, that he had served the same upon Mary Louisa Ismon: ■ Held, that, in the absence of proof to the contrary, this court must hold the names to indicate two distinct persons, and, consequently, that there was no service on May Louisa Ismon.</p> <p>2. Chancery-—record must show evidence to justify the finding. Where the court, in its decree, refers to the evidence upon which the facts are found, and it fails to support the finding, the decree will be reversed.</p> <p>3. Thus, on a creditors’ bill to set aside certain conveyances as in fraud of creditors, where the decree recited that the cause was heard upon the bill, answer, replication and exhibits, “ and also the proofs taken in the cause, to-wit,” naming the record in a partition suit, certain deeds, which were described, a recorded town plat, and then proceeded, “ and the court being fully advised, etc., and finding, from the proofs in the case, that the said deeds of conveyance from,” etc., to, etc., were made to hinder and delay, etc: Reid, that, as the decree professed to state the proofs, and there being no proof shown of the fraud, or that there were any creditors at the time of the execution of the deeds, the decree could not be sustained.</p> <p>4. In chancery causes, it is not to be presumed that any evidence was given in the cause, in the court below, except what appears in the record; and as to infants, strict proof is required, and the record must furnish evidence to sustain a decree against them, whether the guardian answers or not.</p>