Schoonmaker v. Plummer

Citations

• 139 Ill. 612
• 29 N.E. 1114

Syllabus

<p>1. Statute oe Frauds—how to he availed of. An answer to a bill for specific performance in respect of a gift of a bouse and lot, which alleges the gift is a parol gift, that it is obnoxious to the Statute of Frauds, and that such gift is of no avail,—that is, is void as against the defendants,—is sufficient to invoke the defense of the Statute of Frauds.</p> <p>2. Chancery—sufficiency of evidence—presumption in favoy of finding of trial court. Where the testimony of the witnesses in a chancery suit is taken orally, and there is great conflict, the trial court will be presumed to be a better judge of the credibility of the witnesses than this court. In such case the presumption in favor of the finding of the decree must prevail, unless it appears that the trial court was clearly and manifestly in error.</p>