Merrill v. Atkin

This case has already been before this court, on the original bill, and is reported in 39 Ill. 62, under the title, Atkin v. Merrill. The facts are there stated, and it is unnecessary to repeat them. It was then said by the court, that Atkin could assert his alleged equitable rights in the premises only by a cross bill. He has since filed his cross bill, and the court has given him the relief asked. The decree, hoivever, rests substantially on his own testimony, which was objected to on the hearing, and a reversal of the decree is now asked, because of its admission.

We can not consider him a…