Pyle v. Oustatt

Citations

• 92 Ill. 209

Syllabus

<p>1. Interlineations and erasures—must be explained. In an action of ejectment the plaintiffs, who vtev'é husband and wife, relied upon a deed which the evidence showed, as originally drawn by the scrivener, was in form a conveyance to the husband alone, and was subsequently, by interlineations and erasures, so changed as to make it in form a deed to the husband and wife. It was held, the deed, when offered in evidence, being in this condition, it devolved upon the plaintiffs to satisfactorily account for the interlineations and erasures before the jury would be warranted in regarding it as a valid deed.</p> <p>2. Witnesses—competency—party to suit. The defendant in an action of ejectment defended simply as the heir of his father, and not under any conveyance from him, so it was held that under the second section of the act of 1867 concerning the competency of witnesses, the plaintiff in the suit was not a competent witness in his own behalf, the case not falling within any of the exceptions in that section.</p> <p>3. The rule under the statute that where one sues or defends as heir, devisee, etc., no adverse party, or party having an interest in the event of the suit, can, on his own motion, testify, applies to all persons alike, whether such adverse parties proposing to testify hold the relation of husband and wife or otherwise;—and there is nothing in the fifth section of the act, which has reference to the competency of husband and wife as witnesses for or against each other, that will, in any case, have the effect of rendering one competent as a witness, who is incompetent under the first and second sections.</p> <p>4. Same—as to husband and wife. Where husband and wife, .as plaintiffs in ejectment, seek to recover under a deed conveying the land to both of them, such deed being made prior to the Married Woman’s act of 1861,* the wife can not invoke the fifth section of the act of 1867 concerning the competency of witnesses, as rendering her a competent witnes