McIntosh v. Saunders

Citations

• 68 Ill. 128

Syllabus

<p>1. Ohanceby pbactice—preserving evidence. Since the passage of the act allowing oral testimony in chancery cases, it has been held that the evidence or facts proved by it ought, as before, to appear in the record; and that the same may be stated in the decree, in a bill of exceptions, in a certificate of the judge, or in a master’s report.</p> <p>3. Evidence—-finding of facts in decree. Where a decree states that proofs were heard, and then finds the facts, it will be presumed that the evidence justified the finding, unless the evidence is preserved in the record, and it fails to prove the facts found.</p> <p>3. Same—how incorporated into record. It has often been decided that evidence can not be incorporated in the record by the clerk copying it into the transcript and certifying it to be a complete copy of the evidence in the case. And where, several years after the hearing, the judge who tried the cause, in vacation, without notice to the opposite party, certified that the transcript made by-'the clerk was a complete copy of the evidence, it was, on motion, stricken from the files and not considered.</p> <p>4. Mistake—proof required to correct deed for. Where a bill in equity was filed against the heirs of the grantor in a deed, to correct a mistake therein as to the description of the land, it was held, that the complainant was not bound to make out such a case as would be required of a subsequent purchaser for a valuable consideration, without notice of a prior conveyance, to overcome the latter. The complainant’s equity in such a case is superior to that of the defendants.</p> <p>5. Limitations—in case of fraud or mistake. In case of fraud or mistake, in equity, the statute of limitations will begin to run from the time of the discovery of the fraud or mistake, and not before.</p> <p>6. Stale claim. Where the party in possession of land in 1869, filed a bill to correct a mistake in the description of the land in a deed in his chain of title, which was execu