Jenkins v. Cohn

Appellate Court of Illinois

Jenkins v. Cohn

37 Ill. App. 256, 1890 Ill. App. LEXIS 164

DecidedOctober 23, 1890

StatusPublished

This text of 37 Ill. App. 256 (Jenkins v. Cohn) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jenkins v. Cohn, 37 Ill. App. 256, 1890 Ill. App. LEXIS 164 (Ill. Ct. App. 1890).

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Opinion

Waterman, J.

Appellee filed in the court below his bill asking for the reformation of a deed. The testimony prodnced upon the hearing was very conflicting; the witnesses appeared and were examined in open court, and the decision of the case depended entirely upon the view which should be taken of the evidence.

We see no sufficient reason for interfering with: the conclusion reached by the chancellor. His opportunity for ascertaining the truth, and for arriving at a correct determination, was better than ours, and although we might not think as did he concerning what the real facts of the case were, we see nó such preponderance of evidence as will warrant us in doing otherwise than affirming the decree of the Superior Court. '

Decree affirmed.

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Waterman, J.

Appellee filed in the court below his bill asking for the reformation of a deed. The testimony prodnced upon the hearing was very conflicting; the witnesses appeared and were examined in open court, and the decision of the case depended entirely upon the view which should be taken of the evidence.

We see no sufficient reason for interfering with: the conclusion reached by the chancellor. His opportunity for ascertaining the truth, and for arriving at a correct determination, was better than ours, and although we might not think as did he concerning what the real facts of the case were, we see nó such preponderance of evidence as will warrant us in doing otherwise than affirming the decree of the Superior Court. '

Decree affirmed.

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37 Ill. App. 256, 1890 Ill. App. LEXIS 164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jenkins-v-cohn-illappct-1890.