Bœster v. Byrne
Illinois Supreme Court
Appeal from the Circuit Court of Washington county; the Hon. William: H. Snyder, Judge, presiding. This is an appeal from a decree of foreclosure of a mortgage, executed by Henry Bossier to Patrick Byron, now deceased, January 4, 1867. The bill was filed by Michael Byrne, as administrator of the estate of Patrick Byrne, against Henry Bcester, the mortgagor, and his two sons, Frederick Bcester and Henry Bcester, Jr., as subsequent purchasers, from the mortgagor, of the…
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Appeal from the Circuit Court of Washington county; the Hon. William: H. Snyder, Judge, presiding. This is an appeal from a decree of foreclosure of a mortgage, executed by Henry Bossier to Patrick Byron, now deceased, January 4, 1867. The bill was filed by Michael Byrne, as administrator of the estate of Patrick Byrne, against Henry Bcester, the mortgagor, and his two sons, Frederick Bcester and Henry Bcester, Jr., as subsequent purchasers, from the mortgagor, of the mortgaged premises. Henry Bcester, the mortgagor, brings the case here by appeal.
1Opinion of the CourtJustice Sheldon
The first error assigned, is the rejection as witnesses of the two subsequent purchasers of the mortgaged premises, Frederick and Henry Boaster, Jr., who were offered as witnesses to prove certain alleged payments on the mortgage.
The statute provides, that no party to a suit, or person directly interested in the event thereof, shall be allowed to testify therein, of his own motion or in his own behalf, when any adverse party sues as the executor or administrator of any deceased person, unless when called as a witness by such adverse party. Laws of 1867, p. 183. The persons here offered as…
2Cited by1 opinion
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