Wells v. Glos
| Decision Date | 06 April 1917 |
| Docket Number | No. 11188.,11188. |
| Citation | 115 N.E. 658,277 Ill. 516 |
| Parties | WELLS v. GLOS et al. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Cook County; Frederick A. Smith, Judge.
Application by John Wells to the circuit court of Cook county to register title to land, in which Jacob Glos and others were made defendants. From a judgment for applicant, defendants appeal. Reversed and remanded, with directions.
John R. O'Conner and Alben F. Bates, both of Chicago, for appellants.
Vincent D. Wyman, Harry C. Kinne, and Charles E. Carpenter, all of Chicago, for appellee.
The question to be determined in this case is whether a quitclaim deed executed during the period of redemption by the holder of a certificate of purchase for lands sold for taxes conveys any existing legal or equitable right or title to the grantee. The appellee, John Wells, applied to the circuit court of Cook county to register title in him in fee simple to lots 11 and 12 of the subdivision of lots 9 to 13, inclusive, in block 4, in Andersonville, in Cook county. The petition alleged that the appellant Jacob Glos claimed title under invalid tax deeds, and that August A. Timke was trustee in a trust deed executed by Jacob Glos. The appellant Emma J. Glos was subsequently made a defendant. Answers were filed denying that the appellee was the owner of the premises, and the issue was referred to an examiner of titles, who heard the evidence and made a report recommending that title in fee simple in the appellee should be registered, that the tax deeds of Jacob Glos and the trust deed be set aside, and that Jacob Glos and Emma J. Glos should be reimbursed for the expenses incurred in securing one of the tax deeds. The court heard the cause on exceptions to the report, confirmed it, and ordered the title registered.
There had been a number of sales of the premises for delinquent taxes and special assessments at which Jacob Glos was purchaser, and prior to August 1, 1894, three tax deeds to him had been executed. On that day Jacob Glos and Emma J. Glos, his wife, executed a quitclaim deed in statutory form, conveying all interest in the premises to William J. Richardson, who afterward made a like deed to William M. White, and William M. White quitclaimed his interest to the appellee. When the quitclaim deed was made by Jacob Glos and wife he also had three certificates of purchase on sales made in September, 1893, and on these the statutory period of redemption had not expired. Subsequent to the execution of the quitclaim deed three tax deeds were issued on the certificates of sale, and the examiner and the court refused to allow any reimbursement on account of these tax deeds on the ground that whatever interest Jacob Glos had passed by his quitclaim deed.
The Conveyance Act (Hurd's Rev. St. 1915-16, c. 30, § 10) provides that the statutory quitclaim deed shall be a good and sufficient conveyance of the existing legal or equitable rights of the grantor in the premises therein described, but shall not extend to after-acquired title unless words are added expressing such intention. The case of Scovil v. Kelsey, 46 Ill. 344, 95 Am. Dec. 415, arose before the enactment of that statute, and was an action of assumpsit by the husband of the grantee in a deed against the purchaser at a tax sale for the redemption money which the grantor had received after executing the deed. The grantee had executed a deed to her husband which the trial court excluded, and the ruling was approved because a married woman could not make a conveyance unless her husband joined in the deed. That disposed of the case, but the court said that the purchaser at a tax sale acquired an equitable interest in the land, which during the two years was represented by the right to the redemption money if paid, and that a conveyance of the land would pass that equitable interest and the right to the redemption money, as between the parties, as effectively as an assignment of the certificate. The language used concerning an equitable interest in land being represented by redemption money was inaccurate, and the decision is not in harmony with numerous subsequent decisions of the court. In Rockwell v. Servant, 63 Ill. 424, it was held that the purchaser of land under an execution on the foreclosure of a mortgage by scire facias has no legal title, or right to be invested...
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