Wells v. Miller

Citations

• 37 Ill. 276

Syllabus

<p>1. Sale of property. A father being at the point of death on a barge loaded with lumber belonging to him, gave to his son, who was with him, a bill of sale of the lumber, and directed him, in the instrument, to pay from the proceeds of the lumber a balance due to the persons from whom it was purchased. The son was of age and the father was to some extent indebted to him. Held, no fraud being shown, that the administratrix of the father acquired no title to the lumber by her letters of administration.</p> <p>2. Practice—diligence in searching for written instruments. Where an instrument has never been in the the custody or control of a party wishing to use it, and is of such a character that the law does not presume it to have been in his control, he will not be required to show a diligent search among his papers before giving parol evidence of its contents.</p> <p>3. Same. Where it appears that the duces tecum clause in a subpoena would have been unavailing, there is no want of diligence in failing to insert it.</p>