Hanford v. Blessing

Citations

• 60 Ill. 352

Syllabus

<p>1. Conveyance — reconveyance of same property — mortgage. Where a person haying a lease on a piece of ground and a warehouse tliere'on, sold the same to another person, the grantee assuming the payment of grant- or’s debts in part and giving his note for the balance, and giving to the grantor a covenant to reconvey the property at the end of five years on being.repaid the purchase money and ten per cent interest, the grantor to pay taxes, repairs and improvements, and to pay the grantee .one half of the losses which might occur in the grain business tovbe carried on by them: Held, this transaction was in the nature of a mortgage given by the grantor to the grantee to secure the money advanced by him, and that equity, only, can do complete justice between the parties.</p> <p>2. Judgment — ad damnum. Where the verdict and judgment are greater than the ad damnum in the declaration, the judgment must be reversed, although the excess may have grown out of interest accrued after suit was brought.</p>