Daulton v. Walsh

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 of laches and a motion to set aside and vacate the decree was overruled, from which ruling this appeal is taken.

Plaintiff contends…