Mann v. Mann

Procedural entryThis page is a short order in Mann v. Mann. Read the opinion of the Court — 283 Ill. App. 3d 915
Appellate Court of Illinois·Decided September 26, 1996·No. 3-96-0108·Published

Opinion

                             No. 3--96--0108

_________________________________________________________________

                                 IN THE

                       APPELLATE COURT OF ILLINOIS

                             THIRD DISTRICT

                               A.D., 1996

STEPHEN B. MANN and STANLEY   )  Appeal from the Circuit Court

MANN,                         )  of the 13th Judicial Circuit,

                             )  Grundy County, Illinois

    Plaintiffs-Appellees,    )

                             )

    v.                       )

                             )

JOHN BERRY MANN and MARY L.   )

MANN,                         )

                             )

    Defendants-Appellants.   )

                             )

______________________________)  No. 95--LM--35

                             )      95--LM--36

JOHN BERRY MANN and MARY L.   )

MANN,                         )

                             )

    Plaintiffs-Appellants,   )

                             )

    v.                       )

                             )

STEPHEN B. MANN and STANLEY   )

MANN,                         )  Honorable

                             )  Robert H. Adcock,

    Defendants-Appellees.    )  Judge Presiding.

_________________________________________________________________

JUSTICE MICHELA delivered the opinion of the court:

_________________________________________________________________

    Stephen B. Mann and his son Stanley Mann (plaintiffs) filed a

complaint in forcible entry and detainer (735 ILCS 5/9--101 et seq.

(West 1994)) against their brother and uncle, John Berry Mann and

his wife Mary L. Mann (defendants).  Defendants also filed a

complaint in forcible entry and detainer against the plaintiffs

(735 ILCS 5/9--101 et seq. (West 1994)).  Upon the agreement of the

parties the cases were consolidated for a bench trial.  Plaintiffs,

as lessees sought to enforce the terms of a written "Crop Share

Farm Lease" (lease) executed with John Mann, the father of

plaintiff Stephen and defendant John Berry, which allowed them to

farm land known as "parcel number five" (the realty) for a term of

15 years.  Defendants succeeded to the title of the realty upon the

death of John Mann and sought to terminate the lease upon the

ground that the leasehold was a tenancy at will; alternatively,

defendants contended the lease was terminable because the

plaintiffs were in breach of the terms of the lease.  The trial

court ruled the lease was a tenancy for years and enforceable

against both plaintiffs and defendants for the duration of the

leasehold.  The trial court further found plaintiffs were not in

breach of the lease; and, alternatively ruled that if a breach did

occur, it was immaterial and entered judgment in favor of

plaintiffs.  Defendants appeal the judgment and certain evidentiary

rulings rendered by the trial court.  We affirm.

    The lease was properly executed between John Mann and

plaintiffs on June 10, 1993, and properly recorded on June 11,

1993, at 2:56 p.m.  A term in the lease provided that the lessees

were to submit annual reports to the lessor on forms provided by

the lessor.  During a second transaction on or about June 10, 1993,

John Mann executed a quitclaim deed (deed two) conveying the realty

to the defendants, reserving a life estate in himself and expressly

providing that "[t]his conveyance is made subject to the terms of

the [lease]."  Deed two was also properly recorded on June 11,

1993, at 3:03 p.m.  John Mann died on November 15, 1993.  On

September 22, 1994, defendants notified plaintiffs of their intent

to terminate the lease and provided further notice of the

termination by letter on March 24, 1995, claiming plaintiffs were

in breach of the lease for their failure to provide the lessor with

an annual report concerning finances and recordkeeping.

    At trial, plaintiff Stephen testified he had farmed the realty

under an oral lease agreement with John Mann since 1980.  During

cross-examination, Stephen was asked why he and his father decided

to execute a written lease after farming the realty under an oral

lease for 13 years.  Plaintiffs' counsel objected on the basis of

relevancy and defendants argued the answer was relevant to

construing John Mann's intent in executing the lease and deed two.

The trial court sustained the objection.

    During defendants' case-in-chief they unsuccessfully sought

admission of two legal documents, John Mann's will and a third

quitclaim deed (deed three) which was also executed by John Mann on

or about June 10, 1993, and recorded after 3:03 p.m. on June 11,

1993.  Defendants argued deed three was contemporaneous with both

the lease and deed two.  Defendants reasoned deed three would be

helpful in resolving any ambiguity caused by the lease and its

impact upon their possessory interest in the realty.  The trial

court ruled that this extrinsic evidence was inadmissible because

the lease and deed two were not ambiguous and John Mann's intent as

both grantor and lessor must be construed from the words of the

documents themselves.

    We first address defendants' argument that the trial court

committed reversible error in refusing to admit John Mann's will

and deed three into evidence.  We do not dispute defendants'

reliance on the long-standing principle that "deeds and contracts

executed contemporaneously, must be construed together."

Clodfelter v. Van Fossan, 394 Ill. 29, 67 N.E.2d 182, 184 (1946).

However, it is an equally long-standing principle that "the nature

and extent of the estate granted shall be determined, as a matter

of law, from the deed itself."  Rockford

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