Willenborg v. Murphy

Citations

• 36 Ill. 344

Syllabus

<p>1. Chattel heal—when purchased hy administrator, is assets. Where an administrator has purchased a chattel real belonging to his intestate in his lifetime, and charged himself with the rents and profits thereof, and treated it as assets of the estate, he will not be allowed afterwards to claim it as his own property, but must account for it as assets.</p> <p>2. Answer on oath—when oath is waived, is hut pleading. When the oath to an answer is waived by the bill, an answer on oath is but a pleading, and does not require the testimony of two witnesses to overcome it. Held, that it was improper practice for a solicitor to put in an answer for his client under oath, where the oath is waived.</p>