O'Donoghue v. Title Guarantee & Trust Co.

Mr. Presiding Justice Freeman

delivered the opinion of the court.

The facts in this case are fully stated in the opinion in Mears v. Donoghue, 58 Ill. App. 315, and it is not necessary to again recite them.

Since the opinion in that case was filed, Charles Hears, the then appellant, has died, and the present appellee became administrator of his estate and was made party-defendant in the suit.

At the trial from which this appeal is prosecuted, the testimony which was held improperly excluded before was admitted, and a jury found for the defendant.

The testimony of Stimpson was properly admitted…