Stephenson v. McClintock

• Decision Date: 12 May 1892
• Citation: 141 Ill. 604,31 N.E. 310
• Parties: STEPHENSON v. McCLINTOCK et al.
• Court: Illinois Supreme Court

141 Ill. 604

31 N.E. 310

STEPHENSON

v.McCLINTOCK et al.¹

Supreme Court of Illinois.

May 12, 1892.

Appeal from circuit court, Winnebago county.

Bill by Agnes Stephenson against Anna McClintock, Katie McClintock, and David Hunter, administrator of the estate of James McClintock, deceased, to declare a resulting trust in certain land. The bill was dismissed at the hearing, and complainant appeals. Reversed.

Garver & Fisher, for appellant.

Chas. A. Works, for appellees.

SCHOLFIELD, J.

John McClintock, Sr., died in Ireland in 1852, leaving surviving him a widow, Catherine P., and three children, James, Agnes, and John. They resided together as a family, thereafter, in Ireland, until in 1866, when they removed to Winnebago county, and entered into possession of the quarter section of land which is the subject of this controversy, and thereafter occupied it as a family, for a homestead, and improved and cultivated it. The land, at the time they entered into its possession, belonged to James Peters, a brother of Catherine P., who resided in Pennsylvania, but it was under the immediate control of William Peters, another brother of Catherine, who resided in Winnebago county. The McClintockstook possession of the land under and by virtue of an agreement between William Peters and James McClintock, whereby it was rented to James, and William was to buy the land of his brother, James Peters, and have him convey it to James McClintock, whenever his brother should be willing to sell it. James McClintock was to improve the land, and get credit therefor when the purchase should be made; and mean while, he was to put in the hands of William Peters all the money he then had, and whatever money he should thereafter make from the proceeds of the land, and William Peters was to loan such money, and keep it loaned, at interest, until he should be able to buy the land for James McClintock, when he was to use it in payment therefor. When the McClintocks took possession of the land, Catherine had a draft on a bank in London, England, for £180 sterling, in gold, given for the proceeds of the sale of the property in Ireland belonging to the family. This draft, properly indorsed, was, at or near the time of their taking possession of the land, delivered by James McClintock to William Peters, and he sold it for $1,185.89, and retained the money under the terms of his agreement with James McClintock. When the McClintocks moved upon the land, there was on it only a house and a small tract of cleared land around the house; and they had to clear up and break the greater part of the land that was subsequently under cultivation. Each of the members of the family labored, in clearing and cultivating the land, for the common good of all, and they all labored under the personal control and direction of Catherine. John died, intestate, in the fall of 1866, and there was no administration upon his estate nor other settlement thereof. After his death, the members of the family remained together upon the land, and worked as before. They acquired live stock and farming implements of considerable value, and cleared and reduced to cultivation some 50 or more acres of land, which, being timbered, required much hard labor; and, while this was being done, several sums of money, the proceeds of the use of the land from the joint labors of all, were paid by James McClintock to William Peters under their agreement. The evidence is clear that Agnes did more than James to make the money which was thus paid to William Peters. Their mother, Catherine, favored James, because she feared that hard labor might aggravate a heart disease with which she thought him afflicted, and compelled Agnes to do the hardest work. Agnes assisted in clearing ground, in plowing, in removing and hauling manure, digging potatoes, shocking grain in harvesting; she milked a large number of cows, fed calves and other stock, etc., and kept things in order generally on the farm. James was intemperate in his habits, and in conducting farming operations careless and wasteful, while she was directly the reverse, and spent less money than he did. The evidence is, that James said, in explanation of why Agnes worked so much at the hard labor usually done, in this country, by men, that she had the same interest in what was raised on the farm that he had. Several witnesses testify that James said that Agnes had an interest in the land, and to another witness he stated that their interests were equal. Agnes was married to Adam Stephenson in December, 1874, and she did not, after that, reside with James, or upon this land; but James and his mother, Catherine, continued to reside together on the land, she doing the housework, and he managing the farm, until in May, 1883, when she died intestate. No administration was ever had upon her estate, but James appropriated to his own use whatever of it, if anything, there may have been. On the 17th of March, 1882, William Peters purchased the land in controversy from his brother, James Peters, for $9,000; and, pursuant to his agreement with James McClintock, he had the deed made to the latter; but he caused it to be placed in the hands of a third party in escrow, to be delivered to James McClintock when he (William) should direct. Before any settlement was had between William Peters and James McClintock, showing the amount the latter had paid to the former on their agreement, and which should be credited as payments for the land, and before the delivery of the deed to James McClintock, William Peters died intestate. Subsequently one of his heirs at law filed in the circuit court of Winnebago county his petition for partition of the lands whereof the intestate was seised in fee, alleging therein that the intestate had some interest in the lands in controversy, making James McClintock and Agnes Stephenson, among others, defendants thereto. James McClintock was duly served with process, and appeared and answered, claiming that the lands in controversy were not to be partitioned as part of the estate of William Peters. And he also filed his cross bill, allging therein his contract with William Peters; that...