Department of Conservation v. Nevois

600 N.E.2d 91, 234 Ill. App. 3d 227, 175 Ill. Dec. 468, 1992 Ill. App. LEXIS 1495
CourtAppellate Court of Illinois
DecidedSeptember 17, 1992
DocketNo. 5—91—0566
StatusPublished
Cited by3 cases

This text of 600 N.E.2d 91 (Department of Conservation v. Nevois) 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
Department of Conservation v. Nevois, 600 N.E.2d 91, 234 Ill. App. 3d 227, 175 Ill. Dec. 468, 1992 Ill. App. LEXIS 1495 (Ill. Ct. App. 1992).

Opinion

JUSTICE HARRISON

delivered the opinion of the court:

The Department of Conservation of the State of Illinois (the Department) appeals from a judgment of the circuit court of Randolph County which reformed certain quitclaim deeds on grounds of mutual mistake to reflect that a disputed parcel of land was not, in fact, owned by the Department’s predecessor in title and therefore could not have been validly conveyed to the Department. Two issues are presented for our review: (1) whether the circuit court’s finding of mutual mistake was contrary to the manifest weight of the evidence, and (2) if not, whether the circuit court should nevertheless have denied reformation on the grounds that the Department was a bona fide purchaser for value without notice of the mistake or of facts which should have put it on inquiry. For the reasons which follow, we reverse and remand.

The record before us established that a woman named Lucy Blow once owned a farm near Fort Chartres in Randolph County. The farm was divided into six tracts, which were referred to at trial as the Yellow, Green, Pink, Blue, Orange and Brown Parcels. The Yellow Parcel was on the north side of Illinois Route 155, while the Green, Pink, Blue, Orange and Brown Parcels were on the south side. All five southern parcels were contiguous and consisted primarily of farmland.

The Green Parcel, which contained a farmhouse and other improvements, was conveyed by Lucy Blow to her daughter, Augusta Nevois, in 1931. Augusta later acquired the Yellow Parcel as well, receiving it under a master’s deed executed after her mother’s death. In a separate master’s deed executed at the same time, the Orange, Brown, Blue and Pink Parcels were conveyed to both Augusta and her brother, Edgar Blow. Shortly thereafter, Edgar Blow quitclaimed to Augusta his interest in the Pink Parcel, which bordered the Green Parcel she already owned. Simultaneously, Augusta quitclaimed to Edgar Blow her interest in the Blue, Orange and Brown Parcels.

Following execution of the pertinent quitclaim deeds, which occurred on July 28, 1955, Augusta was thus left with title to the Yellow, Green and Pink Parcels, while Edgar Blow held title to the Blue, Orange and Brown Parcels. In 1971, Edgar Blow decided to sell his three parcels to the Department for $34,000. After the sale, the Department leased the parcels back to Blow so that he could continue farming them. The Department also petitioned for and obtained tax-exempt status from Randolph County for the property. We note, parenthetically, that a corrected deed later had to be executed by Blow to eliminate a scrivener’s error discovered by the Department, but the correction was purely technical in nature. No additional consideration was paid by the Department, and the revision did not affect the particular parcel which is the subject of this dispute.

In the mid- to late 1970’s, the Department initiated negotiations with the Nevois family to purchase the Green and Pink Parcels for inclusion in the Fort Chartres State Park. In the course of the negotiations the Nevois family suggested that the Department also buy the Blue Parcel from it. When the Department protested that it already owned this parcel by virtue of its 1971 purchase from Edgar Blow, negotiations broke off, and the Department commenced this litigation to acquire the Green and Pink Parcels by condemnation (Ill. Rev. Stat. 1979, ch. 47, par.l et seq.).

In the course of the condemnation proceeding, the Nevois family cross-petitioned for a determination by the court as to ownership of the Blue Parcel. Although its cross-petition did not so specify, the precise relief it requested was an order by the court reforming, on grounds of mutual mistake, the July 28, 1955, quitclaim deeds executed by and between Augusta Nevois and Edgar Blow in order to show that Augusta, and not Blow, had been the true owner of the Blue Parcel. The circuit court ultimately granted that relief following a bench trial. It subsequently made an express written finding that there was no just reason for delaying enforcement or appeal (134 Ill. 2d R.304(a)), and the Department now appeals.

As grounds for its appeal, the Department first contends that the circuit court’s determination that defendants were entitled to reformation of the deeds based on mutual mistake is contrary to the manifest weight of the evidence. We agree. The legal standard governing reformation of deeds is well established. A court of equity will reform a deed to correct a situation where the parties intended to say a certain thing and, by mistake, expressed another, provided that the mistake was mutual and common to the parties and was in existence at the time the deed was prepared and executed. The law presumes, however, that the parties’ mutual intention is what is expressed in the document itself. That presumption will not easily yield to any claim that the parties’ intention was different. (Tope v. Tope (1938), 370 Ill. 187, 191, 18 N.E.2d 229, 231.) Accordingly, the quantum of evidence required to reform a written instrument is substantial. A preponderance of the evidence will not suffice. Rather, the evidence must “leav[e] no reasonable doubt as to the mutual intention of the parties.” (Pulley v. Luttrell (1958), 13 Ill. 2d 355, 358, 148 N.E.2d 731, 733.) That standard was not met here.

The Nevois family claims that when Augusta and Edgar Blow issued quitclaim deeds to one another in 1955, their intention was for Augusta, and not Blow, to take the Blue Parcel. According to the Nevois family, neither Augusta nor Blow (nor their respective spouses, who were also signatories to the quitclaim deeds) realized that the deeds failed to effectuate this distribution of the property. By the time this dispute arose, however, the only surviving signatory to the deeds was Helisy Blow, Edgar’s widow. Helisy stated that after the quitclaim deeds were exchanged, her husband never claimed any interest in the Blue Parcel. She also admitted, however, that her husband handled the exchange of the quitclaim deeds with Augusta in 1955 and that she really knew nothing of the details of the transaction.

Lacking more definitive direct evidence, the Nevois family attempted to establish the existence of a mutual mistake circumstantially by adducing testimony which indicated that after 1955, the Blue Parcel was farmed by Augusta’s husband and his tenant, not by Edgar Blow. Most of those who gave this testimony, however, were members of the Nevois family itself, and their claim of exclusive possession was not unrefuted. To the contrary, documentary evidence established that Edgar Blow undeniably claimed an interest in the Blue Parcel when he sold it to the Department. Indeed, in an affidavit which he executed as a condition of the sale, Blow specifically recited that he was in exclusive possession of the property.

One might argue that in executing the sale documents to the Department, Edgar Blow once again simply did not appreciate what he was conveying. We note, however, that while the legal descriptions of the parcels might not have been intelligible to him (or to any layperson for that matter), the fact remains that the sales documents executed in favor of the Department specifically refer to three separate and distinct parcels, not just two.

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

Related

Covey v. Citizens Savings Bank (In Re Pak Builders)
284 B.R. 663 (C.D. Illinois, 2002)
Fritzsche v. Union Pacific Railroad Co.
Appellate Court of Illinois, 1999

Cite This Page — Counsel Stack

Bluebook (online)
600 N.E.2d 91, 234 Ill. App. 3d 227, 175 Ill. Dec. 468, 1992 Ill. App. LEXIS 1495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-conservation-v-nevois-illappct-1992.