Consistent with our conclusion above, that the cost of repairs is the proper measure of damage, defendants' objection to the relevance of Duckworth's testimony, regarding what he paid for the repairs, was properly overruled. See People v. Mitchell (1926), 240 Ill. App. 281; McCormick, Evidence § 234, at 564 (2d ed. 1972). Following oral argument, this court ordered supplemental briefs on the issue of trial counsel's conflict of interest arising from his partnership relationship with two special assistant attorneys general.

It is well settled in Illinois that a mortgagor executing an instrument to secure the payment of several notes may incorporate therein a provision regulating the order of payment of the notes so secured and may provide that all the notes are equally secured without preference or priority. People for use of Kaskaskia Commons Permanent School Fund v. Mitchell, 223 Ill. App. 8; Good v. Woodruff, 208 Ill. App. 147. The mortgage foreclosed in this proceeding did not provide, as many trust deeds and some mortgages do, that the notes thereby secured were on an equal footing and equally secured without any preference or priority whatsoever to the owner or owners of any of them. Appellant was the mortgagee and in the absence of some such provision, we hold that along with the sale and delivery of the notes to its cocomplainants and to cross complainants below, went an equity and this equity entitled the assignees to a preference over appellant in this proceeding.