Springer v. Kroeschell

43 N.E. 1084, 161 Ill. 358
CourtIllinois Supreme Court
DecidedMay 12, 1896
StatusPublished
Cited by40 cases

This text of 43 N.E. 1084 (Springer v. Kroeschell) 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
Springer v. Kroeschell, 43 N.E. 1084, 161 Ill. 358 (Ill. 1896).

Opinion

Mr. Justice Magruder

delivered the opinion of the court:

This is a case, where a number of suits, begun by the filing of petitions for mechanics’ liens, were consolidated, and referred to a master to take proofs and report his conclusions. The consolidated causes coming on for hearing upon the pleadings ^and master’s report and exceptions thereto, the report was confirmed, and a decree was entered allowing the claims of the complainants or petitioners who are the appellees herein, and declaring liens, under the Mechanic’s Lien law, for the amounts of such claims against the premises hereinafter described, and ordering a sale in default of payment. The decree thus entered by the circuit court in favor of the lienors has been affirmed by the Appellate Court, and the present appeal is prosecuted from such judgment of affirmance.

The claims were for labor performed and materials furnished in a building known as Excelsior Block, situated at the north-west corner of Canal and Jackson streets in Chicago on lots 10 and 11 and the south 72/12 feet of lot 7 in block 51 in school section addition to Chicago, being otherwise known as 175 South Canal street.

First—It is said, that the court erred in entering an order for the consolidation of the causes. We think, that the consolidation of the causes was justified by the decision of this court in Thielman v. Carr, 75 Ill. 385, where it was held, that, “while the general chancery practice is opposed to the consolidation of cases having different parties and involving different rights, yet such a practice is proper when the litigation grows out of the enforcement of mechanics’ liens under the statute, and may be necessary, in some cases, to enable the court to settle and adjust the rights of the various lienholders, or those claiming liens.” We see no reason for changing the views there expressed upon this subject.

Second—It is urged, that the claims of the several appellees, and the decree of the court allowing such claims and awarding liens for the amounts thereof, are based upon different and inconsistent theories as to the ownership of the premises; and that this inconsistency appears not only in the pleadings but also in the evidence introduced. The appellees, together with the character and amounts of their claims as allowed by the decree, are as follows: Kroeschell Brothers', contractors for the steam-heating apparatus in the building, $2450.00; Perkins Brothers, contractors for the painting and glazing, $1681.26; Patrick Nacey, contractor for the plumbing and gas-fitting, $3295.67; George B. Carpenter, contractor for the furnishing of certain ropes, $177.00; J. L. Fulton, paving the court and driveway and third floor of the building with asphalt, $1174.45; Clapp Automatic Fire Extinguisher Company, furnishing the building with the equipment of the Clapp system of automatic fire protection, consisting of 870 sprinkler heads, tank, alarm valves, hose, air pump, etc., $3568.93; Charles Munson Belting Company, contractors for the belting for the manufacturing plant in said building, $745.27; Field Lumber Company, contractors for furnishing certain lumber for said building, $1960.55; T. W. Harvey Lumber Company, contractors for part of the lumber for said building, $1231.16.

The proof in regard to the title of the property shows the following facts: The premises in question were leased by the widow and heirs of Joel Ellis, deceased, and the executors and trustees of his estate, to Hibbert J. Lehman under a lease for ninety-nine years, dated May 21, 1889. Subsequently, the fee of the premises was conveyed by said executors and trustees and widow and heirs to said Hibbert J. Lehman by warranty deeds, dated March 19, 1890, and recorded March 24, 1890. By warranty deed, dated November 14, 1890, and recorded No-" vember 17, 1890, the premises were conveyed by Hibbert J. Lehman to the appellant, Warren Springer.

The evidence shows, and the decree finds, that Hibbert J. Lehman held the legal title in trust for “George Lehman & Sons Company.” This company, sometimes known as a corporation called the “George Lehman & Sons Company,” and sometimes as the firm of George Lehman & Sons, contractors and builders, consisted of George Lehman, and his sons, Hibbert J. Lehman, Edwin Lehman, and Milo B. Lehman. George Lehman was president of the company, and Hibbert J. Lehman was its secretary. There is some evidence tending to show, that Springer, the appellant, was a stockholder in the “George Lehman & Sons Company.” All the contracts made by the appellees with Hibbert J. Lehman, or “George Lehman & Sons Company,” or both of them, or with Hibbert J. Lehman as trustee, or with any of the Lehmans, for doing work or furnishing material for the building upon the premises in question, were made while Hibbert J. Lehman held the title, and before the conveyance of the property to the appellant on November 14, 1890. All the work had been done, and all the material had been furnished by the appellees for the building, before the conveyance was made to appellant on November 14, 1890, and certainly before that conveyance was recorded on November 17, 1890.

Appellant complains, that the trial court permitted oral testimony to be introduced for the purpose of showing, that Hibbert J. Lehman held the title to the property in trust for the company. The testimony consisted of proof of admissions or declarations, made by George Lehman and Hibbert J. Lehman in March, 1890, to a representative of one of the appellee creditors to the effect, that the premises had been purchased with money raised by the Lehmans, or their company, and that the title had been placed in said Hibbert for convenience. Under this state of facts a resulting trust arose in Hibbert in favor of those who furnished the money. Where one party takes the title to a piece of land, but another, or others, advance the purchase money, a resulting trust will exist in favor of the latter, and the holder of the legal title will be regarded as the trustee of the party furnishing the money. It is well settled, that such resulting trusts may be established by parol evidence. It is allowable to prove by parol, that the party holding the legal title admitted, that another person’s money was paid for the land. (VanBuskirk v. VanBuskirk, 148 Ill. 9). The resulting trust arises by operation of law out of the purchase by one and the conveyance of the title purchased to another. (Ibid). We do not think, that, under the circumstances, the admission of the oral evidence complained of was erroneous.

As to some of the appellees, their pleadings aver, and their proofs show, that they made their contracts with Hibbert J. Lehman as owner. The first section of the Mechanic’s Lien law, as it existed when these contracts were made, gives the lien to any person, “who shall, by contract, express or implied, or partly expressed and partly implied, with the owner of any lot or piece of land, furnish labor or material.” (2 Starr & Cur. Stat. p. 1512). It would appear from the evidence and from the finding of the decree, that those of the appellees, who thus contracted directly with the holder of the legal title as owner, had no notice that the title was so held in trust for other persons.

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

Related

Bulletproof Plumbing Corp. v. Ohlson
2025 IL App (1st) 232007-U (Appellate Court of Illinois, 2025)
Steinberg v. Chicago Title & Trust Co.
491 N.E.2d 1294 (Appellate Court of Illinois, 1986)
Argonne Construction Co. v. Norton
29 B.R. 731 (N.D. Illinois, 1983)
Edward Hines Lumber Co. v. Dell Corp.
364 N.E.2d 368 (Appellate Court of Illinois, 1977)
Dunlop v. McAtee
333 N.E.2d 76 (Appellate Court of Illinois, 1975)
Pudwill v. Bismarck Lumber Company
89 N.W.2d 424 (North Dakota Supreme Court, 1958)
Donkle & Webber Lumber Co. v. Rehrmann
33 N.E.2d 709 (Appellate Court of Illinois, 1941)
Barnes v. Swedish American National Bank
19 N.E.2d 929 (Illinois Supreme Court, 1939)
Schwulst Gerling Co. v. Frost
269 Ill. App. 213 (Appellate Court of Illinois, 1933)
Chapman v. St. Stephens Protestant Episcopal, Church, Inc.
139 So. 188 (Supreme Court of Florida, 1931)
Crowen v. Meyer
174 N.E. 55 (Illinois Supreme Court, 1930)
Connor v. Wahl
161 N.E. 306 (Illinois Supreme Court, 1928)
People Ex Rel. Hart v. Village of Lombard
149 N.E. 584 (Illinois Supreme Court, 1925)
Edward Hines Lumber Co. v. Great Lakes Chemical Works, Inc.
237 Ill. App. 246 (Appellate Court of Illinois, 1925)
Bouldin v. Taylor
275 S.W. 340 (Tennessee Supreme Court, 1924)
Pittsburgh Plate Glass Co. v. Huberty
213 Ill. App. 315 (Appellate Court of Illinois, 1919)
Marshall v. Butler
174 Ill. App. 502 (Appellate Court of Illinois, 1912)
Loughran v. Gorman
99 N.E. 886 (Illinois Supreme Court, 1912)
Lyons v. Howard
117 P. 842 (New Mexico Supreme Court, 1911)

Cite This Page — Counsel Stack

Bluebook (online)
43 N.E. 1084, 161 Ill. 358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/springer-v-kroeschell-ill-1896.