Parsons v. the East St. Louis Gas Light
| Decision Date | 22 January 1884 |
| Citation | 108 Ill. 380,1884 WL 9724 |
| Parties | CHARLES PARSONS et al.v.THE EAST ST. LOUIS GAS LIGHT AND COKE COMPANY. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from the Circuit Court of St. Clair county; the Hon. AMOS WATTS, Judge, presiding.
This was a bill in chancery, brought by the trustees and bondholders, to foreclose a deed of trust given by the East St. Louis Gas Light and Coke Company, to secure the payment of certain bonds and interest coupons specified in the deed of trust. The latter is dated July 1, 1874, was duly recorded, and embraces all property rights, privileges and assets, of whatever kind, then possessed or that might be thereafter acquired by the company. The suit was commenced May 6, 1880, and at the September term, 1880, William D. Griswold, the principal bondholder, was, by consent of parties, appointed receiver of the mortgaged property pending the foreclosure proceedings. On the 16th day of December, 1881, a decree was made directing a sale of the mortgaged property. Authority was given to the bondholders, or any one of them on behalf of all, to become purchasers, and to pay the amount of their bid with bonds and coupons, except enough in cash to pay costs and expenses, and such further sums as might, on the incoming report of sale, be found due any intervenors, there having been intervening petitions filed. A sale was made by the special master appointed for that purpose, on May 9, 1882, at which William D. Griswold, as trustee for all the bondholders, became purchaser, for the sum of $78,000, leaving a considerable deficiency due under the deed of trust.
After the decree of sale had been made, and on the 20th day of December, 1881, the county of St. Clair filed its intervening petition asking to be paid out of the mortgaged property certain capital stock and personal property taxes due from the East St. Louis Gas Light and Coke Company. Upon hearing on said petition, on September 17, 1883, the court found there to be due from said company, on account of such taxes, the sum of $1257.33, and ordered payment accordingly by the purchaser at the sale. Griswold, the purchaser, and the trustees and bondholders, appeal to bring in review the propriety of this order of allowance for taxes.
The record shows that the greater portion of the taxes claimed in the intervening petition were assessed on the capital stock of the company for the years 1875 and 1876, the remainder, amounting to $288.45, having been assessed on its personal property for the years 1876, 1877 and 1878. There being no personal property found out of which to make these taxes, they were prior to 1880 dropped as personal property taxes, and were charged against part of the real estate mortgaged, on the tax books for the years 1876, 1877 and 1878, respectively. They have been carried as a tax against said real estate ever since the time of such charge, and up to May, 1881, and were no longer carried as personal property taxes. For the year 1878 they stood charged against one of the mortgaged lots,--lot 5, in block 8, of the third ferry division of East St. Louis,--and on November 15, 1879, the lot was forfeited to the State for the amount due. They were carried forward against the same lot for the year 1879, and the lot was again, on August 20, 1880, forfeited to the State for the amount due. The receiver was appointed in December, 1880, and when in May, 1881, the collector made application for judgment against the lot, the receiver appeared and made objection to any judgment. Thereupon the application for judgment was withdrawn, and subsequently this intervening petition of the county of St. Clair was filed.
Mr. W. C. KUEFFNER, for the appellants:
The company having mortgaged its property before any levy was made upon the same, and before the taxes became a lien, the mortgagees were not liable for them, nor the property, in preference to the payment of their indebtedness, and a levy and sale of the same for such taxes will be enjoined. Binkert v. Wabash Ry. Co. 98 Ill. 206.
A tax on personal property does not become a lien on the real estate of the owner until the collector, on...
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