Pratt v. Pratt

• Decision Date: 25 September 1880
• Citation: 96 Ill. 184,1880 WL 10092
• Parties: MARY L. PRATTv.JAMES PRATT et al.
• Court: Illinois Supreme Court

96 Ill. 184

1880 WL 10092 (Ill.)

MARY L. PRATT

v.JAMES PRATT et al.

Supreme Court of Illinois.

Filed at Ottawa Sept. 25, 1880.

OPINION TEXT STARTS HERE

APPEAL from the Appellate Court for the Second District; the Hon. NATHANIEL J. PILLSBURY, presiding Justice, and the Hon. JOSEPH SIBLEY and HON. EDWIN S. LELAND, Justices.

This was an appeal by Mary L. Pratt from a decree rendered in the circuit court of McHenry county on a hearing before the Hon. C. W. UPTON, Judge, presiding.

On November 27, 1872, James Pratt filed a creditor's bill to subject the interest of Russell Grimes in certain lands to the payment of a certain decree in favor of Pratt against Russell Grimes, and to set aside a mortgage of said Grimes to Philemon B. Pratt, dated March 10, 1862. This bill was against Philemon B. Pratt, Jacob Grimes, Alexander Grimes, Mary L. Pratt and Langdon Miller. At the May term, 1874, the death of Philemon B. Pratt was suggested and leave granted to amend the bill, making his personal representatives parties. On October 15, 1877, the bill was amended, making Celintha Miller, wife of Langdon Miller, a party defendant.

On December 27, 1875, Langdon Miller, and Celintha Miller, his wife, filed their bill against Russell Grimes and Mary L. Pratt. Afterwards an amended bill was filed charging that Philemon B. Pratt claimed to hold some interest by mortgage or otherwise upon the land, and showing his death and the appointment of Mary L. Pratt as his administratrix, and charging that she claimed to have succeeded to such claim, and making her a party as such administratrix.

On December 30, 1876, Mary L. Pratt, as administratrix of the estate of said P. B. Pratt, deceased, filed a bill against Russell Grimes, James Pratt, Langdon Miller, Celintha Miller, John Worthington and Miles Lyon, to foreclose a mortgage given by Russell Grimes to said P. B. Pratt, dated March 10, 1862, on tracts A, B and C, and the Worthington and Lyon tracts.

These three cases, by agreement, were consolidated and tried together, and a decree entered, after a hearing on the bills, answers, replications and proofs, from which Mary L. Pratt, in her own right and as administratrix, appealed to the Appellate Court for the Second District. Mary L. Pratt brings the case to this court by appeal from the judgment of the Appellate Court in affirming the decree of the circuit court, except so far as it related to tract D, which part of the decree was reversed and remanded.

The following appears to be a statement of the facts in brief, so far as to present the several liens and claims of the several parties:

On May 15, 1857, Russell Grimes was the owner in fee of tracts A, B and C, the Worthington tract and the Lyon tract, and on that day executed a mortgage upon all of said lands to one Hiram Barrett to secure his notes, amounting to $2560, payable in one, two, three and four years, with ten per cent interest. This mortgage was assigned to Justin S. Morrill, who, January 30, 1862, filed his bill to foreclose the same in the McHenry circuit court. A decree of sale was rendered March 26, 1862, and tracts A, B and C were sold to Morrill, May 31, 1862, for $1342.66.

Russell Grimes failed to redeem within the year, and about the first of August, 1863, an arrangement was made between Russell and Alexander Grimes and Langdon Miller for the redemption of said lands, for the benefit of Russell Grimes.

Alexander Grimes, a brother of Russell Grimes, applied to Miller for money with which to redeem the lands, and it was agreed between Alexander and Russell Grimes and Miller that Alexander Grimes should take the title and give to Mr. and Mrs. Miller (a part of the money being advanced by her) a mortgage for the sum so advanced, and a bond to Russell Grimes to convey to him, upon payment of the amount so procured from the Millers, with interest.

Miller accordingly transferred to Alexander Grimes a judgment note against Russell Grimes for $185.40, upon which judgment was entered by confession on August 25, 1863. Under this judgment, Alexander Grimes made the redemption of the lands, paying the sheriff $1509.25, which money was advanced by the Millers. The lands were levied upon and sold under an execution issued on the judgment, to Alexander Grimes, on September 26, 1863, who bid therefor $1745.16, the amount of redemption money, judgment, costs, etc., and Alexander Grimes received a sheriff's deed therefor, dated May 10, 1864.

On May 14, 1864, Alexander Grimes gave to the Millers his note for $1740.62, payable October 1, 1866, with interest at nine per cent from October 1, 1863.

This note was for the money furnished by the Millers to redeem, and the note on which judgment was rendered, and probably some costs, and interest to October 1, 1863. To secure the note, Alexander Grimes and wife gave their mortgage upon said lands. It was also understood that Russell Grimes was to have further time to redeem said lands, if he could do so, and he remained in possession, receiving the rents and profits, until August 2, 1872. He was to pay the note given by Alexander Grimes to the Millers, upon which the latter was to let him have the land. Russell Grimes neglected to pay the note of $1740.62 to the Millers, and after the year 1866 to pay the interest thereon, or the taxes upon the lands, and one Phillips acquired a tax title thereon.

The Millers, on June 26, 1871, paid said Phillips the sum of $425 to redeem the premises from the tax sale.

In the month of April, 1871, a settlement was had between the Millers and Russell Grimes, and there was then due them for unpaid interest on said note for $1717.62 and for money paid for taxes, the sum of $2742.78, and Russell Grimes not being able to pay this sum of money, he assigned to the Millers the bond which Alexander Grimes had executed to said Russell, to convey to him said lands on his paying said Millers and some other matters. But Alexander refused to convey said lands until Russell would settle with and pay a debt which Russell owed his brother, Jacob Grimes. Thereupon, all three brothers met, Alexander, Russell and Jacob, and it was agreed between them, finally, that if the Millers would pay to said Jacob a note made by Russell and given to Jacob Grimes, dated October 20, 1870, for $771.16, and bearing ten per cent interest, Alexander Grimes should convey the land to Russell Grimes, and he should execute and deliver to the Millers a new mortgage on the lands, including in such mortgage the original sum of $1717.62, the sum paid for taxes by them, and the said note of $771.16, and the interest due thereon. In pursuance of such arrangement, the Millers at once became the purchasers and owners of the $771.16 note, but Russell Grimes neglected to fulfill the agreement.

On July 27, 1872, the Millers filed their said bill for the purpose of enforcing the payment of the sum due them. On July 30, 1872, Russell Grimes came to the Millers, saying he had found a purchaser for the lands, and asked them to take the title to the same and put it on record. Alexander Grimes and wife then conveyed the land to the Millers, and the deed was recorded. A few days afterwards, on August 2, 1872, Russell Grimes returned, and stated that he had failed to sell as he had expected, but that he had made sale of the lands to his sister, Mary L. Pratt, and that he was authorized to act for her.

The Millers, on the faith of this, went through the form of payment as Russell Grimes requested, and made a sale of the land to Mrs. Pratt for $4080, in good faith, as they claimed, expecting she would pay them the sum due from said Russell.

The Millers insist that Russell Grimes was acting as agent for Mrs. Pratt, and that, therefore, she became liable to pay said sum of $4080, and that they have a lien on all of said lands against her. The contract of sale, it seems, was not signed by Russell Grimes, either for himself or for her, and both she and Russell deny that he had any authority to make the contract for her.

The decree of the circuit court of McHenry county,--

1st. Gave the Millers a first lien on tracts A, B and C for $6345.66.

2d. Decreed that the mortgage of Russell Grimes to Philemon B. Pratt, which covered tracts A, B and C and the south-east quarter of section 16, township 45 north, range 5 east, (town of Dunham,) now owned by Worthington, and the Worthington tract, and the west half of the north-west quarter of section 33, township 44 north, range 7, (town of Dorr,) now owned by Miles Lyon, and called the Lyon tract, was made to hinder and delay creditors of Grimes, and dismissed the bill of Mary L. Pratt, as administratrix of Philemon B. Pratt, to foreclose the same.

3d. Decreed that a certain trust deed, given by Russell Grimes to J. B. Smith, trustee, March 10, 1862, upon tract D, to secure two notes of Grimes to Mary L. Pratt, and a trustee's deed made by said Smith, as said trustee, to Carpenter, were wholly void, because the notes, by said trust deeds secured, were barred by the statute of limitations, and set the said trustee's deed aside.

4th. Decreed that Russell Grimes, subject to the lien in favor of the Millers and James Pratt, was the owner of tracts A, B, C and D.

5th. Gave James Pratt a first lien on tract D, and lien on tracts A, B and C, subject only to the lien in favor of the Millers, for the amount due on his decree.

From this decree, Mary L. Pratt, in her individual capacity, and, also, as administratrix of the estate of Philemon B. Pratt, prosecuted an appeal to the Appellate Court for the Second District, and in that court that portion of said decree relating to tract D was reversed, and the cause remanded, with direction to make Smith, the trustee, and Carpenter, the purchaser at the trustee's sale, parties, and for further proceedings. In all other respects, the decree was affirmed.

Mr. H. B. HURD, and Mr. FRANK BAKER, for the appellant:

The notes and mortgages are prima facie valid, and, upon their production by the administratrix...