West v. Frederick

Citations

• 62 Ill. 191

Syllabus

<p>1. Forcible detainer — vendor and vendee. When a party borrows money and conveys land to secure its repayment with interest, and takes back a contract for the re-conveyance of the land upon payment, the relation of vendor and vendee will not exist between them, and the party making the loan can not maintain forcible detainer to recover possession upon default of payment by the party in possession. Such a case is not within the statute of 1861.</p>