Stevenson v. Mathers

Citations

• 67 Ill. 123

Syllabus

<p>1. Chancery—sworn answer as evidence. Where an answer to a bill in chancery is required under oath, so far as it is responsive to the allegations of the bill, it becomes evidence for the defendant, and requires the testimony of two witnesses to overcome it, or of one witness and corroborating circumstances equal to another.</p> <p>2. A party can not file a bill, call for and receive an answer under oath, and evade the eifect of the answer by filing what is called an amended bill, substantially the same as the original, dispensing with a sworn answer, and receive a copy of the previous answer without oath. To allow this, would be to permit him to do indirectly what he could not do directly.</p> <p>3. Partnership—;payment of share of capital stock condition to right to sha/re in proceeds. Where the articles of an association, formed for speculation in real estate, required the ownership of $3000 of the capital stock as a condition to membership, it seems that a party who has failed to pay in such amount on calls, is not entitled to maintain a bill for an account of profits and for partition of lands unsold, especially when he owes the company more than the amount of calls paid in by him.</p> <p>•4. Sale oe land—vendor must perform his agreement to discharge incumbrances. Where the complainant, having title with another to a farm, subject to a heavy incumbrance for purchase money, with such other party sold the same to a land company for the sum it cost them, the vendors agreeing to discharge the incumbrance, and being unable to do so the complainant agreed with the company to pay $1378 which he owed the company on calls of stock, in a few days, and to discharge the balance of the incumbrance, except $5000 thereof, which the company were to assume, and the company accepted a deed under the mistaken belief that he had paid said sum of $1378 on the incumbrance, and paid him and the other owner $1394.80 on the land, and the land was affcerwai-ds sold under the incumbra