McGinnis v. Jacobs

Citations

• 147 Ill. 24
• 35 N.E. 214

Syllabus

<p>1. Chancery—evidence by depositions—when no presumption in favor of findings of fact on appeal. Where a court hears a case, not on oral .testimony, but on the depositions of the witnesses taken and reported by the master, the trial court will have no better facilities for judging of the weight and credibility of the evidence than this court, and an appeal may be regarded substantially as presenting a case for a hearing de novo upon the same evidence heard below.</p> <p>2. Same—allegations and proof must correspond. Where a resulting trust is set up by a complainant in her own favor, evidence tending to show a trust in favor of her deceased father, when he does not claim the property by descent, is inadmissible.</p> <p>3. Evidence—to establish an equitable title to land. The presumptions in favor of the party who has the legal title and the possession of lands are so strong, that to establish an equitable estate in another, especially when there is no written evidence of such estate, but proof of its existence is wholly by parol, requires evidence which is clear and satisfactory. When the evidence is doubtful, or is capable of reasonable explanation upon theories other than that of the existence of an implied or a resulting trust, such trust will not be held to be sufficiently established to support a decree declaring and enforcing the trust.</p> <p>4. Same—■declarations of a party after parting with property, in disparagement of his grant. The rule is well settled that the acts and declarations of the grantor or donor of land, made after he has parted with his title, can not be received to impeach the title of his grantee or donee. '</p> <p>5. Laches—m asserting an equitable title. Where a person claiming an equitable estate in land, the legal title of which is in another who is in possession, receiving the rents and profits, fails for thirteen years to assert his claim or any right to any part of the rents and profits, the long delay will strongly militate again