Doughty v. Miller

Van Eleet, V. C.

This case stands in this anomalous condition : The complainant, in giving his evidence on the hearing, swore that the principal ground on which, by his bill, he rests his right to relief, has *530no foundation in fact. His bill was filed to procure a decree declaring that a deed, absolute on its face, was executed by him as a mortgage, and that inasmuch as he owed the grantee nothing then, and has not subsequently become indebted to her, the deed should be declared to be a nullity and a reconveyance ordered.

The facts which the complainant makes the foundation of his right to…