Reagan v. Hooley 182 Ill. App. 250

Ellen Reagan, Appellant, v. Elizabeth Hooley (now Elizabeth Morris) et al., Appellees.

Gen. No. 17,757.

(Not to be reported in full.)

Abstract of the Decision.

1. Mobtgages, § 29 * —form of Mil to declare deed a mortgage. Bill to declare an absolute conveyance a mortgage, held to be inaptly in the form of a bill for foreclosure.

2. Mobtgages, § 32*—sufficiency of proof to declare deed a mortgage. Before a deed absolute in form can be declared to be a mortgage, the proof showing that fact must be clear, satisfactory and convincing.

3. Mobtgages, § 32*—sufficiency of evidence. On bill to declare a deed absolute in form a mortgage, testimony concerning declarations of defendant subsequent to the conveyance should be treated with great caution.

4. Mobtgages, § 34*—when findings in decree improper. Where an order of court dismisses a bill to declare an absolute deed a mortgage, a further order in the absence of cross-bill finding defendant the absolute owner of the premises is improper.

5. Equity, § 358*—proper orders when hill dismissed for want of equity. When no cross-bill filed, an order dismissing a bill for *251want of equity leaves the court without jurisdiction to make any order on the subject-matter outside of the ordinary orders concerning costs.

*250Appeal from the Circuit Court of Cook county; the Hon. Chables M. Walkeb, Judge, presiding. Heard in this court at the March term, 1911.

Modified and affirmed.

Opinion filed October 13, 1913.

Statement of the Case.

Bill by Ellen Reagan against Elizabeth Hooley (now Elizabeth Morris) and others to declare a deed absolute in form a mortgage. From a decree dismissing the bill for want of equity, complainant appeals.

John M. Duppy, for appellant.

Rogers & Mahoney, for appellees.