Pool v. Marshall

Citations

• 48 Ill. 440

Syllabus

<p>1. Cause of action. A and B purchased certain premises from 0, encumbered by the same mortgage. At the time of the conveyance to A, by a parol agreement between A and 0, A retained a portion of his purchase money with which to discharge the incumbrance, and which he subsequently did. In an action by A against B, to recover the proportion which equitably attached to B’s land: Held, that he could not recover—A having discharged the mortgage, not with his own money, but with the funds of 0, their common grantor, which he had retained out of his purchase money for that purpose.</p> <p>2. Evidence—parol. And in such case, there can be no objection to proving • such fact by parol.</p>