Ross v. Demoss

Citations

• 45 Ill. 447

Syllabus

<p>1. Attorneys—propriety of testifying for clients. It is of doubtful profes. sional propriety for an attorney to become a witness for bis client, without first entirely withdrawing from any further connection with the case.</p> <p>2. An attorney occupying the attitude of both witness and attorney for his client, subjects his testimony to criticism, if not suspicion.</p> <p>3. While the legal profession is an honorable one, its members should not forget, that even they may so act as to lose public confidence and general respect.</p> <p>4. Mobt&A&e—when extinguished. It is a familiar maxim in equity, that once a mortgage always a mortgage, until foreclosed or barred in some other mode.</p> <p>5. Same—presumption of purchase by mortgagee. Where a mortgagee sells under a power of sale contained in the mortgage, and his son becomes the purchaser, and soon after reconveys to the mortgagee, and no purchase money is shown to have passed on either occasion, the inference would not be a strained or unreasonable one, that it was in fact a purchase by the mortgagee.</p>