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DAULTON v. WALSH

Gen. No. 11,254.

21 Ill. App.2d 290 (1959)

157 N.E.2d 801

Dorothy M. Daulton, Plaintiff-Appellant, v. Clifton H. Walsh, Defendant-Appellee.

Appellate Court of Illinois — Second District, Second Division.

Rehearing denied May 6, 1959.

Released for publication May 6, 1959.

Attorney(s) appearing for the Case

J.P. Wilamoski, of Kewanee, and Shaw & Chamberlain, of Geneseo, for appellant.

Harper Andrews and Campbell Andrews, of Kewanee, for appellee.

PRESIDING JUSTICE WRIGHT delivered the opinion of the court.

This is an action by the plaintiff to have a deed, absolute on its face, declared to be a mortgage, for an accounting by the mortgagee in possession and redemption by the mortgagor. The trial court found that the evidence did establish the deed to be a mortgage, but that the plaintiff mortgagor had lost her equity of redemption by reason of laches. The suit was dismissed for want of equity on the ground...

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