Price v. Blackmore

Citations

• 65 Ill. 386

Syllabus

<p>1. Chancery—relief granted, must be consistent with the frame of bill and the equity of the case, as shown by the proofs. Where the general frame of a bill and the proofs show that the complainant is entitled to the relief named first in the prayer, it will not be error to refuse him the alternative relief prayed for which is inconsistent with the allegations of his bill and the evidence.</p> <p>2. ' Same—defendant can not obtain affirmative relief except on cross-bill. Two mortgagees, on account of irregularities in the proceeding to foreclose, agreed to procure a conveyance from the mortgagor, for their joint benefit, in order to obviate the supposed defects in the proceedings, and one of them procured a deed to himself, and refused to convey one-half of the title thus acquired to the other. The latter filed his bill to' compel the conveyance, and the court decreed that complainant pay defendant one-half of the expense incurred in procuring such title, and awarded execution, in favor of defendant, for its collection: Held, that the court erred in awarding execution against complainant, as the defendant had not filed any cross-bill seeking for affirmative relief.</p> <p>3. Same—costs. Where the complainant and defendant, having a joint interest or equitable claim to lands, agreed to procure a deed on their joint account, and the defendant took the conveyance in his own name, and denied the complainant’s right to a conveyance until after suit, and until the evidence was taken showing the complainant’s right: Held, that, in granting relief to the complainant, it was not equitable to render a. decree against him for costs.</p> <p>4. -Interest—on relief in equity. Where two parties, having each an equitable claim to land, agreed to procure a conveyance from another party to perfect their title on joint 'account, each to share equally in the expense of procuring the same, and in the benefits, and the defendant procured the conveyance to be made to himself, denying th