WITNESSES, § 131 — inadmissibility before chancellor, after death of opposite party, of testimony of party before master. Where suit involving oral agreement between plaintiff and defendant, since deceased, for purchase of real estate was, prior to defendant's death, referred to a master in chancery before whom plaintiff examined defendant and testified in his own behalf, and defendant's widow, as executrix, was substituted as defendant prior to trial before chancellor, plaintiff's testimony taken before master should not have been admitted in evidence by chancellor, over objection (Ill. Rev. Stat. 1947, ch. 51, par. 2; Jones Ill. Stats. Ann. 107.068).
See Callaghan's Illinois Digest, same topic and section number.
Opinion by JUSTICE TUOHY.
Not to be published in full. Opinion filed April 4, 1949; released for publication May 17, 1949.