Evans v. Clement
Illinois Supreme Court
The decree in this case was rendered at September term, 1852, of the Scott Circuit Court, Woodson, Judge, presiding. In this case, it appears from the record that the present plaintiff in error filed his bill, charging that said Clement and Evans were in negotiation for the sale by Evans to Clement, of a farm, being the land in controversy.
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The decree in this case was rendered at September term, 1852, of the Scott Circuit Court, Woodson, Judge, presiding. In this case, it appears from the record that the present plaintiff in error filed his bill, charging that said Clement and Evans were in negotiation for the sale by Evans to Clement, of a farm, being the land in controversy. That preparatory to the consummation of said sale, Evans had prepared a deed to said 1 and, duly acknowledged, with a deed of trust, to be executed back to secure the purchase-money, and placed them in the hands of defendant B. P. Smith, to be delivered to…
1Opinion of the Court
Catón, J.
There is an insuperable objection in the outset to granting the relief which was sought by this bill of review. The former decree is sought to be reversed or modified for errors of law apparent on the face of the record or decree. The other ground, that is, for the new or rather additional evidence was very properly abandoned on the argument. It is a general and well settled rule, that upon a bill of review for errors of law the court will not reconsider the evidence, but will only inquire whether the law was improperly adjudged upon the facts which the record shows were found by the…
2Cited by9 opinions
- Bruschke v. Der Nord Chicago Schuetzen VereinIllinois Supreme Court · 1893
- Prentiss v. PaisleySupreme Court of Florida · 1889
- Ebert v. GerdingIllinois Supreme Court · 1886
- Ashford v. PattonSupreme Court of Alabama · 1881
- Clark v. WaggonerIllinois Supreme Court · 1918
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