Krebaum v. Cordell

Citations

• 63 Ill. 23

Syllabus

<p>1. Ohanceby—dismissing bill—practice. Where a bill in chancer}' was filed by a husband and wife, and no motion was made to dismiss as to the wife, but answers were filed by the defendants, and the cause proceeded to a hearing on the merits upon the pleadings and proofs, it was held, that an assignment of error for not dismissing the bill as to the wife was not well taken.</p> <p>2. Witness—competency—wife. Where land was purchased with the money of the wife, hut the deed taken to the husband with tiie agreement tliat the title should be vested in the wife, who jiaid taxes on the land for a number of years under the belief that the deed was in her name: Held, on hill by the husband and wife against a party to whom the husband had made a conveyance which, though recorded, had never been delivered or accepted, that the wife was a competent witness, under the act of 1867.</p> <p>3. Ebkob—admission of evidence. It was urged, on appeal, that the court, on the hearing of a chancery cause, erred in not rejecting portions of a witness’s deposition which was hearsay, but the part claimed to be hearsay was not pointed out: Held, that the error was not well assigned, as it would he presumed that the court below rejected all of the deposition which was not legitimate evidence.</p> <p>4. Same—rejection of evidence. When the rejection of testimony offered is assigned for error, the party should show what testimony was offered and rejected.</p> <p>5. Tbtjst—purchaser pendente lite. Where land was purchased with the money of a wife by her husband, he taking a deed in his own name with the agreement and understanding that the title would be vested in the wife, who paid all the taxes thereon for ten years, supposing the deed to he in her name, and the husband made a deed of the land to a brother, without any consideration whatever, and had the same recorded, but the same was never delivered to or accepted by the brother, who refused to convey to the wife, but after suit by the husb