Tillotson v. Mitchell

Citations

• 111 Ill. 518

Syllabus

<p>1. Chancery — closing the taking of testimony. Until an order of court or agreement fixing the time to close the taking of evidence in a chancery suit, the parties will have the right to continue to take evidence at any time until the trial; and even such an order does not preclude the parties from introducing oral evidence on the hearing, unless otherwise agreed to by the parties. The making up of certain 'issues of fact for a jury to try, and an agreement that the jury would have found those issues for the complainant, does not operate to close the taking of further testimony.</p> <p>2. Same — submitting issues to jury — when proper. It is only where the evidence is conflicting as to the issues of fact in a chancery suit, that it is proper to submit such issues to a jury.</p> <p>3. Same — effect of stipulation as to what would have been the finding of a jury. Where it is stipulated in a chancery suit that a jury would have found certain issues of fact for the plaintiff, this will be an admission that there was evidence tending to justify such a finding, and, on error, such issues will be treated as having been so found; and such supposed finding will not be disturbed when not clearly against the weight .of the evidence.</p> <p>4. Notice by possession — as to occupant’s rights to real estate. It has been held that the actual, open and visible possession of a lot by one, even though his entry therein was as a tenant of another, or under him, is notice to the world of his rights and equities, whatever they are, and is sufficient to put a subsequent purchaser or incumbrancer of the former owner upon inquiry as to the occupant’s rights acquired while so in possession.</p> <p>^ 5. A carpenter, employed by the owner of several lots to erect buildings on the same, was let into possession of one of the lots, and a building thereon used by him as a shop, and while so in the open and actual possession of the lot he bought the same of the owner in payment of what the latte