Fields v. Fields

• Decision Date: 20 May 1953
• Docket Number: No. 32560,32560
• Citation: 114 N.E.2d 402,415 Ill. 324
• Parties: FIELDS v. FIELDS et al.
• Court: Illinois Supreme Court

Page 402

114 N.E.2d 402

415 Ill. 324

FIELDS v. FIELDS et al.

No. 32560 Supreme Court of Illinois.

May 20, 1953.

Rehearing Denied Sept. 21, 1953.

Victor Frohlich and Casimir Wachowski, of Chicago (Casimir R. Wachowski, and Raymond Wasik, Chicago, of counsel), for appellant.

Prescott, Burroughs & Taylor, of Chicago (A. Morris Burroughs, and Euclid Louis Taylor, Chicago, of counsel), for appellee.

MAXWELL, Justice.

The plaintiff, Samuel J. Fields, filed suit in the circuit court of Cook County, against the defendants, Leroy W. Fields and Deoitese Fields, to impress an improved parcel of real estate in Chicago with a resulting trust. The trial court entered a decree in favor of the plaintiff. Deoitese M. Fields, one of the defendants, prosecuted a direct appeal to this court since a freehold is involved.

The complaint alleged that the plaintiff paid for the property from his own funds, that the legal title thereto was vested in plaintiff's son, Leroy W. Fields and his son's wife, Deoitese M. Fields, as joint tenants, but that they held title in trust for him. The son filed an answer admiting all of the substantial allegations of the complaint and averring that he had made alterations and improvements, for which he was obligated, but that his wife collected rents and refused to account for same or to use any of the rentals to pay for such improvements. Deoitese M. Fields filed a separate answer relating that the premises were purchased by her and her husband, that she has been paying taxes and maintaining the property from rents and that a conspiracy existed between her husband and his father to defraud her of her rights and interest in the property.

It appears that Leroy moved to Chicago to work in July, 1947, without his wife and that in February, 1948, he approached his father and indicated that living quarters were not obtainable for him and his wife without buying a property and that they did not have funds with which to buy. Plaintiff went to Chicago in the early part of 1948 and made some inquiries relative to the purchase of a property. Several buildings were shown to him including the three-story flat in question. On March 31, 1948, a contract was entered into for the flat, the purchase price of which was $14,000. Such contract was signed by the seler and Leroy W. Fields and provided for the payment of $1000 earnest money and the balance to be paid within fifteen days after approval of title. The contract was indorsed with a cash payment of $600, and a check for $400 payable to seller's agent was given by Samuel J. Fields to complete the $1000 down payment.

On April 9, 1948, under the terms of an escrow agreement there was deposited with the escrow agent the sum of $4000, and a few days later the proceeds of a $9000 loan were likewise deposited. The escrow provided that the deed was to be made to the defendants as joint tenants. The record is obscure as to how the property came to be conveyed in joint tenancy but there is nothing to show that the parties were not fully aware of the joint-tenancy conveyance. The plaintiff was present during the transaction and signed the $9000 in notes secured by a mortgage on the premises as additional security. When the title company asked for a statement as to the interest, if any, of Samuel J. Fields in the property because he had signed the note, one Taylor, an attorney, gave a written statement that plaintiff had no interest therein. There was some dispute as to who such attorney represented, but immediately thereafter the objection was waived and the transaction consummated.

Plaintiff contends that since his funds were used for such purchase and additional sums were put up by him thereafter for improvements, a trust resulted in his favor and that he is entitled to a deed to the premises. The record is clear that $400 of the earnest-money payment was paid by a check drawn by the father, as well as $360 for the loan commission. He advanced $25 to his son for an appraisal and the $4000 escrow payment was made by a check drawn by Samuel J. Fields payable to himself and indorsed over to his son, who in turn indorsed it in blank and delivered it to the escrow agents. The question for determination is the legal effect of the payment and advancement of funds.

A resulting trust arises by operation of law and is founded on a presumed intent gathered from the acts of the parties. It does not depend upon a contract or agreement and usually comes into being when one person furnishes the consideration for the purchase of property while the...