Knisely v. Sampson

Citations

• 100 Ill. 573
• 1881 Ill. LEXIS 147

Syllabus

<p>1. Presumption—as to the date of a note. The law presumes that a note was executed on the day it bears date, and. such presumption prevails until overcome by proof.</p> <p>2. Evidence—burden of proof. On a bill in chancery to set aside a judgment on a note, on the ground the note was given before the law authorized the complainant, a married woman, to execute such a contract, the note being dated on the day the law authorizing her to make contracts of that character took effect, the burden of proof rests upon the complainant to establish the allegations in her bill by a preponderance of evidence.</p> <p>3. New triad—on the evidence—in chancery. Where the evidence upon a vital question of fact is conflicting and pretty evenly balanced, this court will not disturb the finding of the court below, which has superior facilities for judging of the credibility of the witnesses on an oral examination in court.</p>