Walton v. Walton

Citations

• 70 Ill. 142

Syllabus

<p>1. Chanceby—effect of sworn answer as evidence. Where an answer in chancery is required to be under oath, and it is responsive to the bill, it must be taken as true, unless overcome by evidence amounting to the testimony of two witnesses.</p> <p>2. Same—when answer sets up new matters. In a proceeding for the partition of land, an allegation in an answer that the petitioner or complainant had promised to give a certain interest in the land to a brother under whom the defendant claimed, and that such brother made valuable improvements on the land, upon the faith of such gift, is not responsive to the petition, and must be sustained by affirmative proof.</p> <p>3. Gift—promise to make, not enforaible. A mere promise to make a gift of the promisor’s interest in land, without consideration, is not binding on the party making it, especially when the use of the property is ample compensation to the promisee for his improvements, and taxes paid by him.</p>