Walters v. Defenbaugh

Citations

• 90 Ill. 241

Syllabus

<p>1. Execution—mortgagor’s equity of redemption. A mortgagor’s equity of redemption in real estate may be levied on and sold under execution against him, and he can not convey his equity of redemption to a prior mortgagee and thereby cut off the lien of a judgment attaching while he held such interest, but it will still be liable to levy and sale.</p> <p>2. Pleading and evidence—questions to be considered must be within the scope of the pleadings. Upon bill filed by one claiming title to land under a mortgagee to whom the mortgagor had released his equity of redemption, to enjoin a sale of the supposed interest of the mortgagor under an execution issued upon a judgment rendered against him prior to his release to' the mortgagee, the only scope of the bill being for an injunction and to prevent a cloud upon the title of the complainant, the question whether the mortgagee, by taking a deed from the mortgagor in payment of the mortgage debt and releasing the mortgage upon the record, has lost his security, will not be considered, that subject not being within the proper scope of the bill.</p>