St. Louis & Cairo Railroad v. East St. Louis & Carondelet Railway Co.

Citations

• 139 Ill. 401

Syllabus

<p>1. Evidence—showing right of purchaser under foreclosure to collect rent under lease made by mortgagor. Where a railway company seeks to recover rent for the use of a railway track under a lease given by its predecessor to the defendant, the orders, deeds and records in a foreclosure suit, showing a transfer of the rights, property and franchise of -, the lessor, are properly admissible on the part of the plaintiff, as tending to show its right to recover under the lease, as the successor of the lessee.</p> <p>2. Practice—trial without jury—questions of law, how preserved. Where a cause is tried by the court without a jury, and there is no •error claimed in the admission or exclusion of evidence, questions of law as to the construction of a lease, and the right of the plaintiff to recover, can not be presented to this court except by the submission of propositions of law to the trial court.</p> <p>3. Appeal—reviewing the facts. The affirmance of a judgment of the circuit court by the Appellate Court is conclusive as to the controverted questions of fact, and they are not open to review by this court.</p>