Opinion

Brown v. Richardson

  • 77 Ill. App. 436
  • 1898 Ill. App. LEXIS 71
Court
Appellate Court of Illinois
Filed
Aug 31, 1898
Status
Published
Author
Worthington
On the bench
Worthington
Cited by
0 cases
Authority
More cited than 18.1%

The opinion

Hr. Justice Worthington delivered the opinion of the court.

This action was brought to foreclose a mortgage securing a promissory note for $500. Defendants in error claim that the note is paid. Plaintiff in error denies payment. This is the only issue in the case. The testimony is squarely conflicting. It would serve no useful purpose to review or analyze it. There is abundant evidence to sustain the finding of the chancellor that the note has been paid if the witnesses who testified to its payment told the truth. He saw and heard them, and for this reason was better qualified to pass upon their testimony than we are. Findings of facts by the chancellor upon oral evidence will not be disturbed unless clearly against the preponderance of evidence. Burgett et al. v. Osborne et al., 172 Ill. 227 .

Judgment affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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