Marple v. Scott

Citations

• 41 Ill. 50

Syllabus

<p>1. Sworn answer in chancery—when to be taken as true. Where the answer of a defendant in chancery is required to be under oath, so far as it is responsive to the bill and fairly meets the allegations of the complainant, it must be received as true, unless it is disproved by evidence amounting to the testimony of two witnesses.</p> <p>2. Incumbrance—what constitutes. An adverse equitable claim to land is not considered an incumbrance.</p> <p>3 Replication in chancery—admissibility of evidence when there is -no replication. While it would be proper, in default of a replication to an answer, to set down the cause for hearing on bill and answer, taking the answer as true, and excluding all evidence, unless it may be matter of record to which the answer refers, yet where the defendant treats the cause as at issue, joins in taking depositions, and consents to set the cause down for hearing on bill, answer, exhibits and depositions, and the cause is heard accordingly, he cannot, on error, invoke the statute in his favor and insist that the proofs shall not be considered.</p>