Wilson v. Haecker

• Decision Date: 30 June 1877
• Citation: 1877 WL 9558,85 Ill. 349
• Parties: EDWARD S. WILSONv.ARMILDA C. HAECKER et al.
• Court: Illinois Supreme Court

85 Ill. 349

1877 WL 9558 (Ill.)

EDWARD S. WILSON

v.ARMILDA C. HAECKER et al.

Supreme Court of Illinois.

June Term, 1877.

OPINION TEXT STARTS HERE

APPEAL from the Circuit Court of Marion county; the Hon. AMOS WATTS, Judge, presiding.

Mr. B. B. SMITH, for the appellant.

Messrs. SHAW, COOPER & BRYAN, for the appellees.

Mr. JUSTICE SHELDON delivered the opinion of the Court:

The original bill, brought in this case by Edward S. Wilson, September 24, 1873, sets out, that on May 3, 1873, the defendants, Armilda C. Hæcker and William J. Hæcker, her husband, sold to Thomas J. Christy the lands in the bill described, situate in Crawford and Jasper counties, in this State, and delivered the deeds therefor, which were filed for record by Christy; that Christy afterward sold the lands to Hiram Christy and B. F. Williamson, the sale to the former being on May 10, 1873, and to the latter May 12, 1873; that the last named parties sold the lands to the complainant on May 30, 1873, and that he owns the lands in fee; that the deeds from the Hæckers to Thomas Christy, after being filed for record, were abstracted from the recorder's office before being recorded, charging it to have been done by William J. Hæcker, or some one acting for him, and praying for an injunction to restrain the Hæckers from incumbering or disposing of the lands; that the title to them be declared to be in the complainant, and that the deeds be restored.

The defendants answered, denying the allegations of the bill, and filed their cross-bill setting up that they conveyed the lands described to Thomas J. Christy, in exchange for certain lands in Callahan county, Texas, which said Christy at the same time conveyed to them; that such exchange was effected and the conveyance obtained from defendants through and by means of various false and fraudulent representations, setting them out, made by Christy, respecting the title, value, situation, quality, etc., of the Texas lands, and that it was a condition that if the representations of Christy should prove to be untrue, the conveyance should be void; that the representations made by Christy were false and fraudulent; that soon after the trade William J. Hæcker went to Texas to see the lands, and found all such representations to be false; that the lands belonged to Armilda C. Hæcker; that Wilson, the complainant in the original bill, had brought a suit in ejectment to recover the possession of the lands described therein. The cross-bill charges that the conveyances by Thomas J. Christy to Hiram Christy and B. F. Williamson, and by them to Wilson, were fraudulent and without consideration, and that Wilson had full notice of the equities of the Hæckers, and prayed an injunction restraining Wilson from prosecuting his ejectment suit, that the title to the lands conveyed by the Hæckers to Thomas J. Christy be declared to be in the former, and conveyance thereof be decreed to them. The two Christys and Williamson were made parties defendant with Wilson to the cross-bill,--who all answered, denying all allegations of false and fraudulent representations, or knowledge thereof. Temporary injunctions were granted as prayed for in the original and cross-bills.

Upon final hearing on proofs taken, the court below dismissed the original bill and decreed the relief asked for under the cross-bill, and Wilson appealed to this court.

At the time of the transaction--the trade by William J. Hæcker and wife with Thomas J. Christy, of the Illinois lands of the former for the Texas lands of the latter, and the conveyance from Hæcker and wife to Christy, of the Illinois lands--the following agreement in writing was executed between the parties, viz:

“ May 3, 1873.

We, William J. Hæcker, agent for Armilda C. Hæcker, and Thomas J. Christy, having traded lands, hereby agree that if titles are not perfect and as represented before trading, that we are both ready and willing to exchange back, rendering and making the trade null and void.

+-----------------------+
                ¦       ¦W. J. HÆCKER,  ¦
                +-------+---------------¦
                ¦Attest:¦T. J. CHRISTY. ¦
                +-----------------------+
                

D. N. DEEMS.”

There is considerable proof in the record offered for the purpose of showing want of title in Thomas J. Christy to the Texas land, and numerous objections are taken to the competency of different items of proof so offered.

We will save a discussion of these objections by dismissing this branch of the representations, deeming that there is sufficient ground of relief against the deed made by Hæcker and wife, on the score of the other representations which appear in the case.

According to the strict terms of this written stipulation, the case for exchanging back and annulling the trade, might seem to be limited to misrepresentations as to title. But the proof makes it clear that the actual agreement made was not so confined, but that it extended to the representations in other respects in regard to the Texas land. And here the objection is made, that no proof of oral representations can be received at variance with, or in addition to, the writing made. It is well settled, that in a case where fraud is involved, and it is sought to prove that, the rule that parol evidence is inadmissible to contradict, vary or add to a writing made between parties, does not apply.

It appears that at the time of this contract for the exchange of lands, the Illinois lands, the title to which was in Mrs. Hæcker, were improved, and Hæcker and wife resided upon them, and have done ever since; that it was their intention to dispose of all...