McNail v. Ziegler

Citations

• 68 Ill. 224

Syllabus

<p>1. Witness—competency of wife of party in respect to Tier separate property. Where a defendant in replevin pleaded that the property replevied from him was the separate property of his wife, it was held, that the wife, under the act of 1867, was a competent witness to prove the execution of a bill of sale of the property by the plaintiff to’ her, and to the fact and manner of payment by her.</p> <p>2. The fifth section of the act of Feb. 19, 1867, relating to witnesses, making the husband and wife witnesses for and against each other in litigation concerning the wife’s separate property, is not restricted to cases where she is plaintiff or defendant, and where her title is admitted, but is general.</p> <p>3. Replevin—to recover goods sold. Where a party sold mules by a bill of sale which was unconditional, it was held, that he could not maintain replevin against the purchaser or her husband on the ground that the price had not been paid.</p>