#### Daniel Donovan, Appellee, v. John Ingoldsby, Appellant.

Gen. No. 5,860.

(Not to be reported in full.)

Appeal from the County Court of Lee county; the Hon. Robert H. Scott, Judge, presiding.

Heard in this court at the October term, 1913.

Affirmed.

Opinion filed April 15, 1914.

*336Statement of the Case.

Action by Daniel Donovan against John Ingoldsby to recover certain indebtedness which it was alleged defendant promised to pay in consideration of a conveyance of lands from the wife of the original debtor. On trial without a jury, plaintiff recovered a judgment for $261.50. From the judgment, defendant appeals.

Harry Edwards, for appellant; Donald A. Callahan, of counsel.

Henry S. Dixon and George C. Dixon, for appellee.

Abstract of the Decision.

1. Contbacts, § 385 * —when recovery on agreement to pay indebtedness of another sustained by the evidence. In an action to recover on a certain indebtedness which it was alleged that defendant agreed to pay on taking a conveyance of property from the wife of plaintiff’s original debtor, the defense being that defendant did not promise to pay such indebtedness, held that a finding in favor of plaintiff was sustained by the evidence.

2. Appeal and ebboe, § 1487 * —when admission of incompetent evidence not ground for reversal. Where an action at law is tried by a judge without "a jury, the admission of incompetent evidence will not be ground for reversal if there is sufficient competent evidence to sustain the finding.

*

See Illinois Notes Digest, Vols. XI to XV and Cumulative Quarterly, same topic and section number.

Mr. Justice Dibell

delivered the opinion of the court.