Legal Opinion

Ackman v. Potter

Illinois Supreme Court

Decided April 23, 1909PublishedCited by 25 opinions

Appear from the Circuit Court of White county; the Hon. P. A. Pearce, Judge, presiding. This is an appeal from a decree entered in the circuit court of White county setting aside a certain deed as a cloud upon the title to real estate. Appellee Ellen Ackman owned the said premises in fee simple in 1901, and occupied them with her husband, appellee James M. Ackman, as a homestead and continued to occupy them up to the time of the hearing in the circuit court.

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Appear from the Circuit Court of White county; the Hon. P. A. Pearce, Judge, presiding. This is an appeal from a decree entered in the circuit court of White county setting aside a certain deed as a cloud upon the title to real estate. Appellee Ellen Ackman owned the said premises in fee simple in 1901, and occupied them with her husband, appellee James M. Ackman, as a homestead and continued to occupy them up to the time of the hearing in the circuit court. The premises consisted of a dwelling and about an acre of land in the village of Calvin, in said county, worth about $1600. Nellie B.…

1Opinion of the CourtJustice Carter

The contention of appellant that Mrs. Davenport was not a competent witness will be first considered. It is argued that as she was a co-defendant, under the common law she was not a competent witness against the appellant. The common law rule has been changed by statute. (Hurd’s Stat. 1908, chap. 51, sec. 1, p. 1058.) Interest of a party, as a general rule, no longer disqualifies but only goes to his credibility as a witness, hence the common law authorities cited by appellant are not in point. Moreover, it has never been the rule in this State that in chancery a witness was necessarily…

2Cases cited11 opinions

  1. Biggerstaff v. BiggerstaffIllinois Supreme Court · 1899
  2. Smith v. WestIllinois Supreme Court · 1882
  3. White v. WillardIllinois Supreme Court · 1908
  4. Valter v. BlavkaIllinois Supreme Court · 1902
  5. Benner v. BaileyIllinois Supreme Court · 1908

6 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Creighton v. ElginIllinois Supreme Court · 1944
  2. Meyer v. MeyerIllinois Supreme Court · 1942
  3. Johnson v. CraigSupreme Court of Oklahoma · 1913
  4. Creighton v. ElginIllinois Supreme Court · 1946
  5. Struve v. TatgeIllinois Supreme Court · 1918

20 more not listed; retrieve them via the Exa API.

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