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77 Ill. App. 436

Brown v. Richardson

Appellate Court of Illinois

Decided August 31, 1898

Appellate Court of Illinois · decided 1898-08-31

<p>1. Findings—On Conflicting Evidence.—Findings of fact by the judge Of the trial court sitting as a chancellor, upon oral evidence, will not be disturbed unless clearly against the preponderance of the evidence.</p>

Relies on Burgett v. Osborne

Affirmed · Decided 1898-08-31

Hr. Justice Worthington

¶1delivered the opinion of the court.

¶2This action was brought to foreclose a mortgage securing a promissory note for $500. Defendants in error claim that the note is paid. Plaintiff in error denies payment. This is the only issue in the case. The testimony is squarely conflicting. It would serve no useful purpose to review or analyze it. There is abundant evidence to sustain the finding of the chancellor that the note has been paid if the witnesses who testified to its payment told the truth. He saw and heard them, and for this reason was better qualified to pass upon their testimony than we are. Findings of facts by the chancellor upon oral evidence will not be disturbed unless clearly against the preponderance of evidence. Burgett et al. v. Osborne et al., 172 Ill. 227.

¶3Judgment affirmed.

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