Bobin v. Tauber

360 N.E.2d 368, 45 Ill. App. 3d 831, 4 Ill. Dec. 432, 1976 Ill. App. LEXIS 3626
CourtAppellate Court of Illinois
DecidedNovember 18, 1976
Docket61501
StatusPublished
Cited by16 cases

This text of 360 N.E.2d 368 (Bobin v. Tauber) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bobin v. Tauber, 360 N.E.2d 368, 45 Ill. App. 3d 831, 4 Ill. Dec. 432, 1976 Ill. App. LEXIS 3626 (Ill. Ct. App. 1976).

Opinion

Mr. JUSTICE McGLOON

delivered the opinion of the court:

Plaintiff, Joseph Bobin, brought this action in equity seeking the reconveyance of the beneficial interest in a certain land trust. After hearing all of the evidence, the trial court ordered that plaintiff s amended complaint be dismissed for want of equity and plaintiff now appeals.

Plaintiff contends on appeal that the trial court erred in ruling that plaintiff’s claim was barred by unclean hands and laches and in thus ordering his claim dismissed for want of equity.

We affirm.

In dismissing plaintiff’s amended complaint the trial court filed a lengthy memorandum opinion containing numerous findings of fact, many of which are essentially undisputed and clearly supported by the record. We will first set forth these facts and then proceed to the testimony of the various witnesses which illustrates the disputed questions of fact.

On April 24, 1950, plaintiff, Joseph Bobin, purchased a 20-acre tract of farm land known as the Gary Road Farm. Plaintiff purchased this property with *12,000 of his own funds and took title in the name of his wife, Mildred Bobin. Approximately three years after its purchase, the Gary Road Farm was placed in a land trust with Pioneer Trust & Savings Bank as trustee and with Joseph Bobin as the sole beneficiary.

Several years later, in 1959, plaintiff injured six people in a serious automobile accident and these people filed suit against plaintiff. All of these suits terminated in a negotiated settlement in which Joseph Bobin s insurance company paid the *20,000 coverage limit and Joseph Bobin paid *7,500 out of his own funds.

Two years after the settlement of the above claims, on March 28,1962, plaintiff assigned to Irma Tauber, plaintiffs niece and defendant in the instant cause, the entire beneficial interest in the Gary Road Farm. At approximately the same time as the above assignment of the Gary Road Farm, plaintiff and his wife, Mildred Bobin, assigned to Irma Tauber the beneficial interest in their home on Harding Avenue in Chicago (hereinafter referred to as the Harding Avenue property).

In the years that followed the assignment of the beneficial interest in the Gary Road Farm, the plaintiff continued in possession of the farm, made permanent improvements and necessary repairs at substantial expense, paid the taxes, utilities and insurance for the farm and continued to collect the rents and profits from the farm. The defendants did not request nor did they receive an accounting from the plaintiff of the operation of the farm. In fact, defendants, Irma Tauber and her husband Richard Tauber, never visited the farm prior to 1968. In 1968, however, while plaintiff Joseph Bobin was hospitalized for several months, Richard Tauber took over the management of the farm at the request of plaintiff.

Similarly, from the date of the assignment of the beneficial interest in the Harding Avenue property to Irma Tauber, plaintiff and his wife continued to occupy the Harding Avenue property, paid the taxes and other expenses and made repairs and improvements on the home without paying any rent or accounting to the defendants.

In 1968 Mildred Bobin sued Joseph Bobin for divorce. In his sworn deposition, taken on August 29, 1968 in connection with the divorce proceedings, Joseph Bobin stated under oath as follows: that he owed his brother Leo Bobin (the father of Irma Tauber) and the Taubers money around the time of the Korean War when he started an automobile business; that Leo Bobin and the Taubers assisted him financially and he could not repay them; that in order to settle the personal injury claims against him in 1962 they advanced him over *10,000; and that in order to repay them Joseph Bobin sold them the Harding Avenue property. In the same sworn deposition in the divorce case, Joseph Bobin stated that Irma Tauber owned the Gary Road Farm and that he claimed no interest in that farm, that he maintained the farm, paid the insurance on it and in return Irma let him keep 14 of his horses on the farm.

Concurrently with the filing of her complaint for divorce, Mildred Bobin sued Irma Tauber for the return of the beneficial interest in the Harding Avenue property. In answer to interrogatories Irma Tauber maintained that the assignment of the beneficial interest in the Harding Avenue home was in payment for monies advanced by her father, Leo Bobin, to Joseph Bobin to help settle Joseph Bobin’s personal injury suit. In 1968, the suit for divorce was dismissed, Joseph Bobin and his wife were reconciled and Irma Tauber reassigned to Mildred Bobin the beneficial interest in the Harding Avenue property.

The trial court further indicated in its memorandum opinion that the instant suit was initiated on April 29,1971, that shortly thereafter, on May 27,1971, Leo Bobin was adjudicated incompetent, and that on December 25, 1971 Leo Bobin died.

While the above facts are essentially without dispute, the testimony of the various witnesses revealed several areas of conflict. Joseph Bobin testified that due to the suit arising out of the accident in 1959 and other suits against him, he could obtain only *10,000 property and *20,000 personal injury liability insurance coverage for an automobile business that he owned. Although he had no outstanding claims against him, Joseph Bobin was uncomfortable with his inability to obtain higher insurance coverage. In the early part of 1962, plaintiff had conversations with Leo Bobin and Richard Tauber concerning his insurance problems. Sometime shortly before March of 1962, Joseph Bobin informed Richard Tauber that he was worried because he had an accident and could not obtain his usual *300,000 coverage. Plaintiff told Richard Tauber that he had talked to Leo Bobin and that Leo had said it would be a good idea to take the farm out of his name and put it in Irma’s name. Four or five days later, plaintiff went to talk to Irma Tauber at her farm on Bradley Road in Libertyville and explained his insurance problems. Irma said she would be glad to take the property in her name and that when plaintiff had resolved his insurance problems she would return the property to plaintiff. Plaintiff then had another conversation with Richard Tauber at plaintiff’s home. At this time, Richard Tauber agreed that the property should be placed in Irma’s name and placed back in the plaintiff s name when plaintiffs difficulties in obtaining insurance had ended. Although plaintiff testified that he regained his *300,000 insurance coverage in 1963, he stated that he first asked Irma and Richard Tauber to return the farm to him in 1967. Plaintiff further testified that in 1970 while visiting Leo Bobin at a nursing home he again talked to Irma Tauber who stated that plaintiff would have to talk to her husband. Plaintiff then went with Richard Tauber to see Leo who said they would talk the following week and get everything straightened out. However, nothing was ever done.

Plaintiff further testified that from 1962 through 1966 he collected income from the property, sold worms, raised ponies, and harvested various crops. Plaintiff stated that the income earned on the farm was reinvested in the farm and that Irma Tauber never provided any money to ran the farm. Plaintiff was sick from 1965 to 1968 and was in the hospital in the latter part of 1968 and early part of 1969.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Wells Fargo Bank, N.A. v. Nguyen
2024 IL App (3d) 230253 (Appellate Court of Illinois, 2024)
Champaign National Bank v. Babcock
652 N.E.2d 848 (Appellate Court of Illinois, 1995)
People v. Heirens
648 N.E.2d 260 (Appellate Court of Illinois, 1995)
Eckberg v. Benso
537 N.E.2d 967 (Appellate Court of Illinois, 1989)
Lake Caryonah Improvement Ass'n v. Pulte Home Corp.
706 F. Supp. 600 (N.D. Illinois, 1989)
In Re Marriage of Yakubec
507 N.E.2d 117 (Appellate Court of Illinois, 1987)
Diehl v. Olson
489 N.E.2d 1184 (Appellate Court of Illinois, 1986)
Prueter v. Bork
435 N.E.2d 109 (Appellate Court of Illinois, 1982)
Richter v. Collinsville Township
423 N.E.2d 549 (Appellate Court of Illinois, 1981)
Ruster v. Ruster
414 N.E.2d 927 (Appellate Court of Illinois, 1980)
Heinze v. Heinze
398 N.E.2d 1187 (Appellate Court of Illinois, 1979)
Higgins v. Brunswick Corp.
395 N.E.2d 81 (Appellate Court of Illinois, 1979)
Pinelli v. Alpine Development Corp.
388 N.E.2d 943 (Appellate Court of Illinois, 1979)
Beckham v. Tate
378 N.E.2d 588 (Appellate Court of Illinois, 1978)
Rodriguez v. Koschny
373 N.E.2d 47 (Appellate Court of Illinois, 1978)
Murphy v. Rochford
371 N.E.2d 260 (Appellate Court of Illinois, 1977)

Cite This Page — Counsel Stack

Bluebook (online)
360 N.E.2d 368, 45 Ill. App. 3d 831, 4 Ill. Dec. 432, 1976 Ill. App. LEXIS 3626, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bobin-v-tauber-illappct-1976.