Miller v. Green

Citations

• 138 Ill. 565
• 28 N.E. 837

Syllabus

<p>Waebanty deed—whether a mortgage. In this case the complainant gave the defendant two deeds of trust, on two tracts of land of twenty acres each, to secure two notes, of $7000 each. On September 10, 1877, the complainant and wife, by warranty deed, conveyed these lands to defendant for the expressed consideration of $20,000, which was about the sum due under the deeds of trust. Complainant being indebted to defendant in another note of $7000, secured by trust deed on another twenty acres of land, on September 24,1877, made his warranty deed to defendant for $10,000. On December 7, 1877, this last deed was recorded, and complainant’s notes and deeds of trust delivered to him. The lands were not worth anything more than the incumbrances thereon. Thirteen years afterward complainant filed his bill to have his first deed declared a mortgage, claiming that his Jast deed was made in satisfaction of both notes : Held, that under the facts the bill was properly dismissed for want of equity.</p>