Spencer v. Otis

Citations

• 96 Ill. 570
• 1880 Ill. LEXIS 71

Syllabus

<p>1. Evidence—to disprove fact admitted in pleading. Where a complainant states or admits a material fact in Ms bill, evidence on Ms part to the contrary can not avail him anything, and the defendant need not prove the fact so admitted.</p> <p>2. Chancery—leave to open case after hearing, and offer evidence after amendment. A creditor’s bill to set aside a conveyance of real estate bjr a debtor to his wife and subject it to sale on execution, alleged that, on a day prior to the marriage, the debtor .conveyed the property to' his intended wife, »nd after the hearing the court allowed the bill to be amended by changing the word “conveyed” to “attempted to convey,” and the words “ was conveyed” to “ was attempted to be conveyed” against the objection of the wife. She thereupon moved for a rehearing of the cause, and to offer evidence upon the subject of the delivery of the deed to her, which motion the court overruled : Held, that the court erred, as, if the deed was delivered before the marriage, it would have been an antenuptial settlement, and if after the marriage, a post nuptial settlement, one of which might have been sustained, while the other might not.</p> <p>3. An allegation in a bill that A, before his marriage with B, by his deed, conveyed real estate to B, implies that A delivered the deed to B before that event.</p>