In re County Treasurer of DuPage County

Full title: In the Matter of the Application of the County Treasurer of DuPage County…

Court: Appellate Court of Illinois, Second District

Date published: Oct 25, 1965

Facts

On March 6, 1935, the Chicago Title and Trust Company, as Trustee, conveyed the title to a vacant lot in Glen Ellyn in DuPage County to one Marybel Pridmore. The deed was subsequently recorded. On June 24, 1938, Marybel Pridmore conveyed the premises to Emil and Bessie Tomasek, by warranty deed which was recorded September 8, 1942. The Tomaseks entered into an installment contract to sell the premises to one Henry J. Robb. On September 10, 1963, the contract was recorded with the notation endorsed on its face “Paid in full, E. Tomasek.” Tomasek is still living and it appears that the endorsement is written in his handwriting and contains his signature. No deed was ever delivered to Henry J. Robb or recorded by him. Subsequently, Henry J. Robb died, leaving as his sole heirs his two sons, Henry J. Robb and John Robb. By quitclaim deed dated August 24, 1963, and recorded September 10, 1963, Henry J. Robb, the son of the decedent, and his wife, Iris R. Robb, conveyed whatever interest they had in the premises to the defendant. In October 1961, the plaintiff’s assignor purchased the property for delinquent taxes and became the owner of a tax certificate of purchase, which was subsequently assigned to the plaintiff. One week before the expiration of the period of redemption the defendant deposited the sum of $286.06 with the County Clerk of DuPage County to redeem the lot from the tax sale. This deposit was in the proper amount and was posted on the county clerk’s records as a redemption. Two months later the plaintiff filed its petition to expunge the redemption upon the grounds that the defendant was not an owner of record and was, therefore, not entitled to redeem. The trial court held that the defendant had a sufficient interest in the premises to redeem and denied the petition to expunge the record of redemption and to issue a tax deed to the plaintiff. This appeal followed.

Issue

Decision

In the case at the bar, the recorded contract between Tomasek and Robb marked “Paid in full” was sufficient to vest the full equitable title to the premises in Robb. This interest then passed to his heirs upon his death and by quitclaim deed one-half of the equitable interest was conveyed to the defendant. The defendant, herself, made the redemption before the expiration of the period of redemption, and there was no gap in her chain of interest, since she recorded her quitclaim deed from Henry J. Robb and their wife, before the expiration of the period of redemption. These two facts distinguish the present case from Weiner v. Jobst, supra.

The defendant is not a stranger to the property. She has a definite ascertainable interest. In determining the quality and quantity of interest necessary to permit redemption, we must have in mind that the law recognizes both a legal and equitable interest, looks with favor upon redemptions, and gives a liberal construction to the redemption laws unless injury results thereby to the purchaser at the tax sale. Here, the plaintiff suffers no injury because the effect of the trial court’s order reimburses him for his expenditures with interest.

The order of the trial court is correct and is, therefore, affirmed.

Judgment affirmed.

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