Pankey v. Raum

Citations

• 51 Ill. 88

Syllabus

<p>1. Chancery—of the presumption in support of a decree, m the a/ppellate court. If the allegations of a bill in chancery are denied, the complainant must establish his rights by sufficient evidence, and such evidence should be preserved in the record, or the decree should find the facts on which it is based, and the appellate court will not help out a cause in chancery by presuming evidence was given in it which does not appear in the record.</p> <p>2. Burden op proop—when upon the defendant in chancery. Where a defendant in chancery, in his answer, admits all the allegations in the bill, and seeks to avoid them by setting up new matter not responsive to the bill, and a replication is interposed, the onus of proving the new matter is upon the defendant, and the complainant has no facts to prove, as a party is not required to prove facts alleged in his pleadings, which are admitted by the pleadings of the opposite party. And this is the rule, though the answer which sets up such new matter be sworn to.</p> <p>3. New trial—verdict upon a feigned, issue. An objection to the form and sufficiency of a verdict certified to the court below, upon the trial of a feigned issue out of chancery, will not be entertained unless the evidence on which the verdict was rendered be preserved in the record, as otherwise the appellate court can not pronounce upon the sufficiency of the verdict.</p> <p>4. Feigned issue—out of chancery—whether it must embrace the whole case. In making up a feigned issue, to be tried out of chancery by a jury, it is not essential that every fact alleged in the pleadings in the suit should be embraced therein.</p> <p>5. So in a suit in chancery to compel the specific performance of a contract for the conveyance of land, brought against the representatives of the vendor, the contract of sale having been assigned to the complainant by the original vendee, it was set up as a defense that the contract had been canceled by the original parties thereto, and the