Morrison v. Smith

Citations

• 130 Ill. 304
• 23 N.E. 241

Syllabus

<p>1. Allegations and decebe—must correspond. A decree can not be sustained unless it is based upon the allegations of the bill. If a party makes one case by his bill and an essentially different one by his evidence, he can not recover, however meritorious the case proved may be.</p> <p>2. Same—whether there is a variance—where one of several grounds of relief is satisfied. A bill in chancery to set aside an assignment of a judgment alleged two grounds of relief: Hirst, that the transaction was a loan, and the assignment ivas made as a security, only; and second, that the assignment was fraudulent, for the reason that the assignees were the attorneys of the assignors, and the transfer was made at an inadequate price. The court found there was no loan, but a sale and purchase, and set aside the sale on the ground of the inadequacy of price : Held, that there was no variance between the bill and the decree, as the bill presented a two-fold aspect, seeking relief on two different grounds, one of which justified the decree.</p> <p>3. Decebe—sufficiency-—in finding the sum to be paid. On a bill to set aside the sale and assignment of a judgment on. the ground of the inadequacy of the price paid therefor, the court, in its decree, found that the complainant was justly chargeable with $275 due the defendant, and directed the payment of that sum, with interest thereon at the rate of six per cent from a day named, being the date of the assignment : Held, that while the decree was technically erroneous, in not finding the sum to be paid including the interest, yet as the dates were given, so that the amount due rested only in computation, the error was an immaterial one, and the case was within the rule which treats that as certain which is capable of being rendered certain.</p> <p>4. Interest—at what rate—as determined in a decree. A bill sought to redeem from a sale of a judgment, on the ground the assignment was in the nature of a security for the loan of money to the assi