Glos v. People

102 N.E. 763, 259 Ill. 332, 1913 Ill. LEXIS 1983
CourtIllinois Supreme Court
DecidedJune 18, 1913
StatusPublished
Cited by28 cases

This text of 102 N.E. 763 (Glos v. People) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Glos v. People, 102 N.E. 763, 259 Ill. 332, 1913 Ill. LEXIS 1983 (Ill. 1913).

Opinion

Mr. Justice Carter

delivered the opinion of the court:

This was a bill filed by Emma J. Glos on April 17, 1911, in the circuit court of Cook county, to review for errors alleged to be apparent on the face of the record, and for alleged fraud, the'proceedings and decrees in the case of People v. Evans et al. April 18 Jacob Glos filed a cross-bill attacking the same decrees for substantially the same reasons as alleged in the original bill. " November 12, 1912, two orders were entered by the trial court, one striking the original bill of Emma J. Glos and dismissing the same at her costs, and the other striking the cross-bill of Jacob Glos at his costs. Emma J. Glos prayed and was allowed an appeal from the order dismissing the original bill and Jacob Glos prayed and was allowed an appeal from the order dismissing the. cross-bill. While'there seems to have been no joinder of these two appeals, they have been treated in the record and briefs as if they were joined.

A statement as to the litigation which this bill has been filed to review will'be found set out in Clark v. Zaleski, 253 Ill. 63. We deem it advisable, however, for a proper understanding of the questions raised, to re-state some of the facts.

April 7, 1905, the State instituted proceedings in the circuit court of Cook county, under section 253 of the Illinois Revenue law, to foreclose certain tracts alleged to be forfeited to the State, the taxes thereon having remained unpaid for four years, from 1900 to 1903, inclusive. Various owners and persons claiming an interest in the premises were made defendants, the case being entitled People v. Evans et al. In these foreclosure proceedings Jacob Glos was served but Emma J. Glos was not made a party. Jacob Glos filed an answer, admitting that he claimed an interest in the premises but denying that the same was subject to a lien of the State for taxes. The matter was referred to a master in chancery, who reported to the court, and a final decree was entered October 11, 1905, ordering the premises to be advertised and sold by the county treasurer unless the taxes were paid within a certain time. Jacob Glos prayed and was allowed an appeal from that decree but never perfected it. Under said decree a public sale was held by the county treasurer of Cook county, the purchaser being Walter Langlois, who was not a party to the proceedings. He assigned his certificate of sale to B. H. Collier and S. B. Tefft, who paid the taxes after the sale and up to and after the time of redemption had expired. On October 16, 1909, an order was entered by said circuit court in the case of People v. Evans et al. finding that due notice had been given of the expiration of the time of redemption and authorizing the issuance of a tax deed to the premises so sold under said foreclosure proceedings. A deed was thereafter executed by the county treasurer of Cook county to Tefft and Collier, Tefft afterwards deeding an undivided half interest to Robert Zaleski and Collier a half interest in Edwin M.. Clark. Later, Clark filed a bill for partition in the superior court of Cook county against Zaleski and others, including Jacob Glos and Emma J. Glos. Jacob Glos and Emma J. Glos both filed answers to the partition suit, denying that Clark and Zaleski were the owners of said premises. -Thereafter an order was entered dismissing said Emma J. Glos as a party from said partition suit. A decree was entered in said partition suit, finding that Clark and Zaleski were the owners in fee simple of said premises, free and clear of all claims, liens and encumbrances of defendants in said proceedings. On appeal to this court by Jacob Glos that decree was affirmed. Clark v. Zaleski, supra.

In the original bill for review filed herein by Emma J. Glos the files and proceedings in People v. Evans et al. were set up-, except the notice of the application for said order of October 16, 1909. The bill alleged that she owned an undivided one-third interest in the premises in question, acquired by quit-claim deed from her husband, Jacob Glos, dated May 29, 1902, and recorded June 2, 1902; that she had never had any notice of the foreclosure suit until in October, 1910, when she was summoned in Clark v. Zaleski, supra, in which case she averred that a trial had been had and a decree was then about to be entered. "She prayed that the proceedings and decree in People v. Evans et al. be reviewed and reversed and that she might be allowed to make her defense. The cross-bill of Jacob Glos adopted, by reference, the statement of the pleadings and proceedings in People v. Evans et al. as set forth in the original bill of Emma J. Glos, and alleged that he and Emma J. Glos were the owners in fee of the premises; that he had no knowledge of the entry of the order of October 16, 1909, until he was served in October, 19x0, in Clark v. Zaleski. The cross-bill had substantially the same prayer for belief as did the original bill.

To the original bill Edwin M. Clark filed a general and special demurrer, alleging.that Emma J. Glos could not sustain her bill because she was not a party to the original suit; that the complainant had not performed or offered to perform the decretal orders sought to be reviewed; that she was barred by gross laches, and had not set forth any error apparent or other reasons sufficient to authorize or justify a review and reversal of said decree as prayed for. Robert Zalesld and Walter Ranglois filed general and special demurrers setting up the same grounds as were set up' by Clark, and further alleging that said bill did not contain all the files and proceedings in the foreclosure suit. They all three filed a general and special demurrer to the cross-bill of Jacob Glos, raising practically the same points that they raised by the general and special demurrers to the original bill.

On her first appearance in this proceeding S'. B. Tefft made a motion to strike both the bill and cross-bill from the files and dismiss the same because they were filed without leave of court first obtained upon sworn petition and due notice; because the complainant was not a party or privy of any party to said original foreclosure proceedings; because neither the complainant nor cross-complainant had performed the decretal orders sought to- be reviewed; because, subsequent to the decretal orders in the foreclosure suit, Tefft and Collier had conveyed their respective interests to Clark and Zaleski, between whom there had been a partition decree, which cut off all interests claimed in said foreclosure. After a hearing on this motion the circuit court struck the bill and cross-bill from the files and Emma J. Glos and Jacob Glos appealed to this court, as stated above.

It is suggested in the briefs of appellees, but not argued, that this court is without a jurisdiction on direct appeal as this case does not involve -a freehold, a .franchise, the validity of a statute or the collection of public revenue. A freehold was not involved, in the sense of the constitution and statute controlling appeals, in the original foreclosure proceedings. The supplemental foreclosure decree, however, found that the time for redemption had expired and the right to redeem was lost, and directed the county clerk to issue to said Collier and Tefft a deed for the premises. That supplemental decree involved a freehold so as to permit a direct appeal to this court. (Sanford v. Kane, 127 Ill. 591; Smith v. Jackson, 153 id.

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Bluebook (online)
102 N.E. 763, 259 Ill. 332, 1913 Ill. LEXIS 1983, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glos-v-people-ill-1913.