Green v. Capps

Citations

• 142 Ill. 286
• 31 N.E. 597

Syllabus

<p>1. Deed — absolute in form — burden of proof to show it does not convey complete title. Where a deed apparently invests the grantee and his heirs with the complete title to the interest in the land which it purports to convey, the burden will rest upon the grantor to show that in fact it does not have the effect it purports to have.</p> <p>2. Limitations — when foreclosure of deed taken as a mortgage is barred, redemption is barred. If the Statute of Limitations bars the foreclosure of a deed taken as a mortgage, it will also bar a redemption from the deed or mortgage, for the reason that the right to redeem and the right to foreclose are reciprocal, and when the one. is barred the other is also barred.</p> <p>3. Where the time limited for the redemption from a deed absolute on its face, though in equity a security, has expired, the grantee’s equity in the premises will be gone, and the legal title passed by the deed becomes absolute, and must prevail. So when the statute bars a bill to redeem from an absolute deed taken as a security, the grantee in such deed will need no foreclosure to cut off the equity of redemption, and the absolute title will pass by it.</p>