Root v. Curtis

Citations

• 38 Ill. 192

Syllabus

<p>1. Evidence—degree thereof required. If proof be admissible at all to contradict the consideration of a mortgage, it must be clear and satisfactory.</p> <p>2. Notice—knowledge of facts when necessary to he shown. And where persons who are not parties to the instrument are sought to. be affected by such proof, knowledge of the facts must be plainly brought home to them.</p> <p>3. Error—will not always reverse. Although the court below may have rejected competent evidence, yet if its admission would not have changed the condition of the case as respects the rights of the party complaining of the alleged error, its rejection could have worked no injury to him, and the judgment would not be reversed for that cause.</p> <p>4. Judgment men—elder and junior liens. Where a judgment debtor acquires title to land after the judgment was obtained, and immediately executes a mortgage thereof to a third person to secure him against some contingent liabilities, not to secure the purchase money of the land, the judgment will be the elder lien.</p>