Hill v. Siffermann

• Decision Date: 23 October 1907
• Parties: HILL v. SIFFERMANN.
• Court: Illinois Supreme Court

230 Ill. 19

82 N.E. 338

HILL

v.SIFFERMANN.

Supreme Court of Illinois.

Oct. 23, 1907.

Appeal from Appellate Court, First District, on Appeal from Superior Court, Cook County; Joseph E. Gary, Judge.

Bill by Alois Siffermann against Minna Hill, in aid of an execution. From a judgment of the Appellate Court for the First District reversing a decree for defendant, she appeals on a certificate of importance. Affirmed.Blum & Blum, for appellant.

Edmund S. Cummings, for appellee.

On December 19, 1904, appellee filed in the superior court of Cook county, against Minna Hill and Charles J. Hill, her husband, a bill in aid of an execution issued upon a judgment recovered in the circuit court of that county on January 10, 1899, against the husband, for $434.30 and costs. The bill alleged, among other things, that prior to the date of the judgment Charles J. Hill had been the owner of certain described property on Hermitage avenue, in Chicago, Ill.; that on May 25, 1898, and after the indebtedness had been incurred upon which the judgment was based, Hill and wife conveyed the premises to Felix Babbage, who on the same day, without consideration, conveyed the same to the wife; and that this was done for the purpose of defrauding appellee. The defendants answered the bill, and a replication was filed. The cause was then referred to a master, who heard the evidence, from which it appears that Minna Hill was married to Charles J. Hill in 1882; that at an earlier time she had been the wife of Jacob Koenig, who departed this life in 1880; that from Koenig's estate she received the sum of $3,000, and after her marriage to Hill, and in 1884 or 1885, she loaned him $500 of this money, which was to be repaid, with interest, in one year, and was to be used in conducting a meat market. Hill paid but one year's interest and never repaid the principal in cash. No note or written memorandum was given to evidence this indebtedness. Hill's meat market was carried on at the corner of O'Brien and Jefferson streets, in the city of Chicago. About the year 1886 the realty at that number was purchased by him for $6,250, which was paid as follows: $2,500 in cash, delivered to Charles J. Hill by his wife and paid by him to the vendor; $250 by the personal note of Charles J. Hill; and $3,500 borrowed upon note secured by mortgage on the real estate purchased. The $2,500 in cash was the balance of the money received by Mrs. Hill from the estate of her former husband. The title to this property was taken in the name of Charles J. Hill, and so remained until 1893. During that period Hill engaged in the meat business on the premises and reduced the principal of the mortgage indebtedness $500. In that year this property was sold for $12,000. Of the proceeds, $3,000 was used in paying off the mortgage indebtedness, and the balance ($9,000) was deposited in bank to the credit of Charles J. Hill. Within a month thereafter the property in question in this suit, located on Hermitage avenue, was purchased for $4,750 and paid for with a part of the money so deposited in bank, and the title to the property was taken in the name of Charles J. Hill. That real estate was improved by a residence building, consisting of two ‘flats,’ one of which was occupied by the Hill family as a home, and the other was rented. Mrs. Hill testified that her husband agreed with her, at the time the property at O'Brien and Jefferson streets was sold, that she should select a home to cost not to exceed $5,000, the title to be in his name; that he should attend to the payment of the taxes, but that the property should be deeded to her at any time on her request. She testified that he agreed to pay the taxes, ‘and I kept the rent and used it in the family; that was the understanding at the time when the property was bought in Mr. Hill's name, because my health was very poor at that time, and I wanted to save the trouble of my going down and paying the taxes, and different things of that kind, so I trusted it in his name.’

Charles J. Hill became insolvent in 1898. Some time previous to his failure the Hermitage avenue property was sold for taxes. Mrs. Hill testified that she discovered this fact in May, 1898, and then insisted that the title to the home should be placed in her name, and that at this time, on account of her insistence, the property was deeded to Babbage and by Babbage to her. Except in collecting the rents arising from the flat, as above stated, all the business with reference to the real estate held in the name of the husband, down to the time when the Hermitage avenue property was deeded to the wife, was conducted by Charles J. Hill and in his name. Appellee and Charles J. Hill had been acquainted for years. Hill testified that Siffermann advised him in his business affairs, and that they met very frequently, generally as often as twice a week; that appellee knew all about the sale of the first piece of property and of the purchase of the other realty and knew who furnished the money for this last purchase. Appellee denied that he knew anything about any of the wife's money having been used for the purchase of the property involved in this suit. Hill stated that appellee understood that the Hermitage avenue property was his (Hill...