[Download] "Klajbor v. Klajbor" by Supreme Court of Illinois # Book PDF Kindle ePub Free
eBook details
- Title: Klajbor v. Klajbor
- Author : Supreme Court of Illinois
- Release Date : January 21, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
Appellee, Helen Klajbor, filed a complaint in the superior court of Cook County seeking a decree which would cause two deeds to be registered under the Torrens system, and title to the premises they conveyed confirmed in her as the surviving joint tenant of her husband, Anton Klajbor, deceased. Named as defendants were Frank B. Klajbor, and Frank Klajbor, the former being Anton's brother and the latter Anton's son by a previous marriage. The brother was defaulted from the action for failure to plead, but the son, who is the appellant in this court, answered the complaint and attacked the validity of the deeds upon which appellee's action was based. He further filed a counterclaim alleging that he was the owner of the premises, subject only to appellee's dower interest, by virtue of a subsequent deed from Anton. He too prayed that his deed be registered under the Torrens system. Appellee answered the counterclaim and denied that appellant had received a valid deed or that he had any interest in the premises. The cause was heard by a master who found that appellant had failed to prove delivery of the deed to him by the grantor, but, on the contrary, had proved that the delivery was conditional, that the grantor did not intend the deed to take effect until after his death, that the attempted conveyance was therefore ambulatory and revocable until the time of the grantor's death and consequently invalid. He recommended that appellant's counterclaim be dismissed for want of equity and that appellee be granted the relief prayed for in the complaint. The master's report was approved and a decree entered as recommended. Appellant now seeks direct review by this court. The record discloses that prior to Anton Klajbor's marriage to appellee, in November, 1932, he was a widower with one son, the appellant, and that he owned the real estate here involved, which is located in Chicago and improved with a four-apartment brick building. In March, 1937, Anton and appellee conveyed the property to a third party who immediately deeded it back to them as joint tenants. On March 4, 1940, Anton executed a quitclaim deed conveying all his interest in the premises to his son, the appellant. The record contains nothing as to the circumstances surrounding the execution of this deed. Appellant stated that he first knew of the deed when he received it from one Holleb, an attorney, in March, 1940; that he had no conversation with his father about the deed; that he paid no consideration for the transfer; and that on receipt of the deed he collected no rents, paid no taxes, or in any way altered his position with respect to the property, but continued to live there with his father and stepmother up to the time of his father's death, except for a period served in the Navy. The original deed was not produced at the trial, appellant stating that he had placed it among his personal papers and that it had been lost. A certified copy introduced in evidence shows that the grantor's acknowledgment was taken by attorney Holleb, and that the deed was recorded on March 12, 1940, and returned to Holleb. This is the extent of the evidence which appellant relies upon to show delivery.