Stanley v. Valentine

Citations

• 79 Ill. 544

Syllabus

<p>1. Chancery—relief under the general prayer. Relief which is consistent with the facts stated in the bill will be granted under the general prayer, although not specifically prayed for.</p> <p>2. Deed—recording of escrow—passes no title. A deed executed by the grantor and placed in the hands of a stranger, to be held by him until the grantee does a particular thing, and then to be delivered to him, and which, by accident or mistake, is placed upon record without ever having been delivered to the grantee, is, as to such grantee, absolutely void, and is a cloud on the grantor’s title, which a court of equity will cancel.</p> <p>8. Release of mortgage—effect of recording without delivery, as to judgment creditor. A mortgagee executed a release to the mortgagor, and placed it in the hands of a third party, to be delivered upon the performance of certain things to be done by the mortgagor; the mortgagor never performed and the release was never delivered to him, but, by accident or mistake, the release was placed upon record: Held, that the judgment creditors of the mortgagor acquired no rights or advantage by the recording of the release, and that, on a bill by the mortgagee, they should be restrained from selling, under their execution, anything more than the equity of redemption of the mortgagor.</p>