
    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.
    
      Statement 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.  