Richardson v. Mercer

Citations

• 51 Ill. 263

Syllabus

<p>Witness—credibility of. A suit in chancery was instituted to compel a conveyance of certain lands to which the complainant claims title, through certain assignments of a certificate of purchase to him, made, as was alleged in the bill, by defendant’s assignee, to complainant. The answer denies the assignment of the certificate of purchase by the defendant, or by any assignee of the defendant, and alleges that such assignments are fraudulent. On the trial of the cause, it was proved that the witness for the complainant, by whom the validity of the subsequent assignments was attempted to be proved, had written two letters in which he strongly intimated that, for a consideration, he would swear in favor of the defendant; that there was money in it, and that the termination of the case depended upon his evidence. It also appeared from the evidence, that the assignee of the defendant, had left the State, and was absent at the time the assignment by him to the complainant bears date. Upon these facts appearing, the court. below disregarded the testimony of the witness as unworthy of belief, and dismissed the bill: Held, that a court of chancery is justified in discrediting the testimony of a witness under such circumstances.</p>