Jeffery v. Robbins

• Decision Date: 03 April 1897
• Citation: 47 N.E. 725,167 Ill. 375
• Parties: JEFFERY v. ROBBINS et al.
• Court: Illinois Supreme Court

167 Ill. 375

47 N.E. 725

JEFFERY

v.ROBBINS et al.¹

Supreme Court of Illinois.

April 3, 1897.

Appeal from appellate court, First district.

Bill by Emma J. Jeffery against Burr Robbins and others. From a decree dismissing the bill, complainant appealed to the appellate court, and from a judgment of affirmance entered therein (62 Ill. App. 190) she appeals to the supreme court. Affirmed.

J. J. McClellan, for appellant.

Flower, Smith & Musgrave, for appellees.

MAGRUDER, C. J.

This is a bill filed on March 14, 1892, by the appellant, Emma J. Jeffery, against Burr Robbins and others, appellees, for the purpose of having the quitclaim deed hereinafter mentioned decreed to be a mortgage, and praying for an accounting, and for permission to redeem, and for a decree against Burr Robbins, requiring him to execute to appellant a deed of the property conveyed to him by said quitclaim deed. The appellee Robbins, in his answer, denies that the quitclaim deed executed to him was executed as a sencurity, or by way of mortgage, and claims that it was an absolute conveyance. After proofs taken and hearing had, the circuit court dismissed the bill for want of equity. Upon appeal to the appellate court the decree of dismissal so entered by the circuit court has been affirmed. The present appeal is prosecuted from such judgment of affirmance entered by the appellate court.

The quitclaim deed, which the bill avers to be a mortgage, was executed by John B. Jeffery and Emma J. Jeffery, his wife, on the 30th day of June, 1888, and conveyed, in consideration of one dollar, to Burr Robbins, all their right, title, and interest in and to lots 7 and 8 in Assessor's division of certain lots in block 139 of School Section addition to Chicago. Said lots 7 and 8 appear to have been owned by Wallace L. De Wolf, Jonathan Clark, and J. D. Jennings, who executed leases of the same for a period of 99 years. By transfer from the original lessees, the appellant, Emma J. Jeffery, on said 30th day of June, 1888, was the owner of, or held the title to, such leasehold estate in said lots. On June 29, 1888, appellant made a lease or sublease to one Francis P. Owings for the unexpired portion of the terms of said leases, at an annual rental of $6,200. For the first six months' rent, Owings was to give his note for $3,100, payable six months after date, and was to pay the ground rent, taxes, assessments, etc., and $1,040 on the 1st days of April and October in each year, and to erect upon the premises a building at a cost not to exceed $85,000, to be completed by January 1, 1889. The interest in said lots conveyed by appellant and her husband to Robbins by said quitclaim deed was the leasehold interest thus specified. The bill charges that on June 3, 1888, appellant owed for ground rent of said lots, and for taxes due thereon, and for taxes on other property belonging to her, and for attorney's fees due to her lawyer, the sum of $6,225.38; that thereupon appellee Robbins agreed with her to advance to her the money to pay such ground rent, taxes, and fees then due, and all rent that should become due for the five years following the 30th day of June, 1888, as ground rent of said lots, and all taxes thereon during the same period; that said Robbins also agreed that, if said Owings should fail to erect said building on the lots, he would furnish the funds necessary to erect the same, or would erect the same himself; that the quitclaim deed hereinbefore referred to was executed to said Robbins to secure him for said advances so made by him, amounting to $6,225.38, as aforesaid; that said Robbins was to have a reasonable sum for his services; that said quitclaim deed was to be a conveyance by way of mortgage of her leasehold estate, and an assignment of the lease to Owings; that Robbins agreed to execute to appellant a statement in writing setting forth the terms upon which the said leasehold estate was conveyed; and that the same was to be reconveyed and the lease reassigned to her upon payment to Robbins of all the money advanced by him under said agreement, with interest, and a reasonable sum for his services, at any time within five years. The bill avers that, at the time the quitclaim deed was executed, appellant delivered to Robbins the Owings lease, and as signed to him the note for $3,100 made by Owings. It further alleges that Robbins advanced for ground rent, taxes, and fees said sum of $6,225.38; that Robbins has collected upon the note given by Owings, and from rents under said lease, more than enough to reimburse himself said sum of $6,225.38; and that he is indebted to complainant in the sum of about $2,000. The answer of the defendant alleges that on June 30, 1888, appellant's husband, John B. Jeffery, was indebted to Robbins in the sum of $17,813.63, and that on that day Robbins advanced to appellant the further sum of $6,221.06; and that said quitclaim deed was executed to appellee Robbins, and the note of Owings for $3,100 was delivered to him, and that Robbins agreed to give appellant a contract to resell to her the leasehold estate at any time within five years for the sum of $22,215. The contention of appellee Robbins is that the quitclaim deed was executed to him in absolute payment of an indebtedness due from Jeffery to him of about $17,800, and of advances, amounting to over $6,000, made by Robbins to pay what was due for ground rent, taxes, and fees; that the indebtedness due from Jeffery to Robbins on June 30, 1888, and the advances so made to pay off ground rent, taxes, and fees, amounted altogether to $22,215; and that Robbins thereupon executed to the appellant a contract of resale, reciting the conveyance of said premises by appellant to Robbins on June 30, 1888, by the quitclaim deed aforesaid, and the execution of the lease to Owings, and agreeing that Robbins would reconvey to appellant said property at any time within five years from said date, upon payment to him of said sum of $22,215, provided that if, at any time during said five years, any of the rent due from Owings under the lease should remain unpaid for 30 days after it became due, the right to repurchase said property should expire upon 1 month's written notice of such default given by Robbins to appellant, and her failure to make payment before the expiration of said notice.

We are satisfied from an examination of the record that the contract between the parties was such as is set up in the answer. On and prior to June 30, 1888, John B. Jeffery was indebted to Robbins upon two notes executed by him to Robbins,-one for $15,700, and the other for $1,266.95. These notes were at that time secured by 970 shares of stock in the Jeffery Printing Company. On that day (June 30, 1888) Robbins, in addition to the indebtedness represented by said notes, advanced more than $6,000 for the purposes above stated. After giving all necessary credits, and figuring interest, the amount of indebtedness then existing from Jeffery and his wife to Robbins was $22,215. On the same day the quitclaim deed was executed to Robbins, and Robbins executed back a contract by which he agreed to resell the property to Mrs. Jeffery upon her payment of said sum of $22,215 at any time within five years, subject to the right of Robbins to forfeit the privilege of repurchase by Mrs. Jeffery upon default in payment of the rent under the Owings lease, and upon giving notice as aforesaid. Appellant, in her bill, claims that the quitclaim deed was executed merely for the purpose of securing the advances, amounting to something more than $6,000, made on June 30, 1888. She only offers to pay the advances so made, and seeks to redeem the property upon such payment. She denies that Robbins executed to her a contract to resell upon payment of $22,215 within five years, and contends that, if Robbins did execute such a contract of resale, she did not know it, and did not assent to it, or accept its provisions. In view of the documentary evidence introduced, we think that she is estopped from denying the execution of the contract of resale as set up in the answer.

On May 25, 1889, appellant entered into a contract with Wallace L. De Wolf, in which, after reciting the leases aforesaid for the term of 99 years, and her ownership thereof, she makes this further recital, to wit: ‘Whereas, said Emma J. Jeffery, by an instrument dated the 30th day of June, 1888, sold and assigned all her right, title, and interest in and to said lots seven (7) and eight (8) to one Burr Robbins, of Chicago, who, by an instrument dated the 30th day of June, 1888, agreed to reconvey to said Emma J. Jeffery the interest so acquired by him in said sublots seven (7) and eight (8) upon the payment by her or her assigns of the sum of $22,215 at any time within five years from the date thereof.’ By said agreement of May 25, 1889, between herself and De Wolf, she also agrees that s...