Swift v. Castle
Illinois Supreme Court
This was a bill in chancery filed in the Circuit Court, by Emeline Castle, by her next friend, against plaintiff in error and others.
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This was a bill in chancery filed in the Circuit Court, by Emeline Castle, by her next friend, against plaintiff in error and others. The bill charges that complainant was married on the 14th day of November, 1848, to Edward H. Castle, (one of the defendants below.) That on the day before the marriage, and in contemplation thereof, there was executed between complainant and said Edward H. Castle, and one Whitlock, a deed, reciting that marriage was contemplated, and that complainant, (then Emeline Bennett,) was possessed of certain real and personal estate, (set out in the deed,) embracing a…
1Opinion of the CourtWalker, J.
It is urged as error, that the court below admitted improper evidence. It may be true that' evidence.was read on the hearing that was not pertinent to the issue, and yet there be no error for which the decree should be reversed. The question presented upon the trial before the chancellor, as well as in the appellate court, is, upon all the legitimate evidence in the cause, what decree should be rendered. The chancellor being the judge of both the law and evidence, the presumption is, that in rendering his decree he will only regard that which is legal and pertinent. When a trial is had before…
Also in this document: Dissent.
2Cases cited3 opinions
- Wormley v. WormleySupreme Court of the United States · 1823
- Lancaster v. DolanSupreme Court of Pennsylvania · 1829
- Thomas v. FolwellSupreme Court of Pennsylvania · 1836
3Cited by17 opinions
- Butler v. HuestisIllinois Supreme Court · 1873
- Treleaven v. DixonIllinois Supreme Court · 1886
- Breit v. YeatonIllinois Supreme Court · 1881
- Radford v. CarwileWest Virginia Supreme Court · 1879
- Cookson v. TooleIllinois Supreme Court · 1871
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