Wise v. Twiss

Citations

• 54 Ill. 301

Syllabus

<p>1. Allegations and proofs—in chancery. On a bill filed to enjoin the collection of a judgment, on the allegation that the judgment was satisfied by the conveyance to the plaintiff of a certain town lot, and the deed given in evidence described a different lot, it was held, as the allegation and proof in respect to the description of the lot conveyed, did not correspond, the relief sought could not be granted.</p> <p>2. Amendment of bile—where the proof does not conform to the allegation. In such case, if the deed offered in evidence was really designed by the parties as a satisfaction of the judgment sought to be enjoined, but, by mistake, described the wrong lot, the complainant should have leave to amend his bill, so that the mistake could be properly corrected, if no other rights had intervened, and then enjoin the collection of the judgment.</p>