People v. Banks

• Decision Date: 20 April 1916
• Docket Number: No. 10436.,10436.
• Parties: PEOPLE v. BANKS et al. (WELCH, Intervener).
• Court: Illinois Supreme Court

272 Ill. 502

112 N.E. 269

PEOPLE

v.BANKS et al. (WELCH, Intervener).

No. 10436.

Supreme Court of Illinois.

April 20, 1916.

Appeal from Circuit Court, Adams County; A. Akers, Judge.

Proceeding by the People against Leonard Banks and others. The petition of John F. Welch, intervener, was dismissed, and he appeals. Affirmed.W. W. Whitmore and Charles M. Peirce, both of Bloomington, for appellant.

F. B. McKennan and Hubbard & Groves, both of Quincy, for appellees.

CRAIG, J.

On May 18, 1909, the people of the state of Illinois filed their bill in chancery in the circuit court of Adams county to foreclose a tax lien on certain property in that county owned by Leonard Banks for delinquent taxes levied and assessed against it by the Lima Lake drainage district, and thereafter such proceedings were had in the cause that a decree of foreclosure was entered and the property advertised and sold on August 31, 1909, by the county collector of Adams county to F. B. McKennan for $1,074.26, the amount of the special taxes and assessments due and unpaid. The sale was duly reported to the court and approved and a certificate of purchase issued to the purchaser, which was in turn assigned by him to appellant, John F. Welch, on November 27, 1911. The cause was docketed in that court and is known as case No. 2418. No further proceedings appear to have been had in that case after the entry of the order approving the report of sale until the convening of the June term, 1914, when the appellant filed his petition in said cause praying that a deed be issued to him pursuant to the decree of foreclosure. A general and special demurrer was sustained to the petition, and appellant electing to abide by his petition the same was dismissed for want of equity. This appeal followed.

It appears that the general and special taxes on the property for the two years following the foreclosure were not paid, and that on June 9, 1911, the people of the state of Illinois filed another bill in chancery in that court against Leonard Banks and others to foreclose the tax lien for such delinquent taxes. This cause was docketed and known as case No. 2727. Thereafter such proceedings were had in that cause that on December 11, 1911, a decree of foreclosure was entered and the property ordered sold by such delinquent taxes. On January 18, 1912, the county collector again sold the property, pursuant to this last decree, to John T. Inghram for $275.40. The sale was reported to and approved by the court and a certificate of purchase issued to the purchaser, who in turn assigned the same to appellant December 31, 1912. Appellant appears to have relied upon McKennan, who had acted as his attorney in the first foreclosure proceeding, to do all things necessary to be done in order to perfect the title in appellant under the certificate issued pursuant to the first foreclosure decree. McKennan seems to have neglected to take any action in the premises, and thereafter, and more than three months prior to the expiration of two years from the date of sale of the property under the last decree, appellant attempted to give statutory notice and secure title under the provisions of sections 211 and 216 of the Revenue Act. In the meantime the title to the property had passed to Della M. Armstrong, who now claims to be the owner of the same in fee. Thereafter, at the June term, 1914, appellant, as above shown, filed his petition in case No. 2418, setting up the proceedings had in the causes above referred to, the failure of the owners of the property to make redemption of the same from such sales within two years from the date of the last sale, held on January 18, 1912, and with respect to the action taken by him upon which he based his right to a deed to the property pursuant to such foreclosure proceedings and subsequent action taken by him, alleged as follows:

‘That your petitioner, in accordance with the statute, gave statutory notice, as provided by the Revenue Act and as provided by section 211, more than three months prior to the expiration of two years from date of sale of said tracts of land made under the decree in chancery cause No. 2727,’ had on January 18, 1912; that in order to redeem it was necessary for the owners to tender the amount due under the certificates dated January 18, 1912, also the amount paid by appellant for each of the certificates issued to McKennan on August 31, 1909; ‘that in truth and in fact no such sum was tendered to the proper officer in and for the county of Adams authorizing redemption from certificates covering each of said tracts * * * mentioned in chancery cause No. 2418; that by reason of proper notice having been given more than three months prior to the expiration of two years from the second sale of each of said tracts, bearing date of January 18, 1912,’ the appellant is entitled to a deed to the land pursuant to the certificates issued under the decree in case No. 2418; that he has made demand upon the county collector of Adams county for deeds in accordance with the statute, who has refused to issue the deeds to him-and prays that the court order the county collector to execute and deliver to appellant the proper deeds of conveyance, pursuant to the certificates dated August 31, 1909, for each of the respective tracts of land in question, and for general relief.

The county collector of Adams county and F. B. McKennan were made parties defendant to the petition, and by leave subsequently granted Della M. Armstrong was permitted to intervene and become a party defendant. Each of the defendants filed a general and special demurrer to the petition, in which there were set forth as special grounds of demurrer...