2013 IL App (2d) 120664
Ill. App. Ct.2013Background
- Hochs sued to quiet title to parcel 4; Schmidts counterclaimed for quieting title in their favor.
- Parcel 4 lies within the Boehme North 20 feet and East 20 feet strip; chain of title traces to Lillian Boehme.
- Trial evidence showed 1954 Boehme deed reserved the 20-foot strips; parcels 4–9 remained with Boehme or heirs until 2006 quitclaims.
- Hochs obtained a trustee’s deed in 2003 that did not expressly include parcel 4; tax payments on parcel 4 occurred for seven years through predecessors.
- Trial court granted partial summary judgment to Hochs; trial addressed section 13-110, color of title, taxes, and possession; Schmidt counterclaim filed after judgment.
- Appellate court reversed the judgment in Hochs’ favor and remanded to enter judgment for Schmidts on their counterclaim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether section 13-110 ownership was proven | Hochs had color of title and seven years of tax payments. | Parcel 4 was not vacant and unoccupied due to fencing; lack of possession and title defects. | Hochs failed; possession not established |
| Standard of proof and review for section 13-110 determinations | Subject to clear-and-convincing proof with manifest-weight review. | Appropriate standard may be different; should align with administrative review. | Clear-and-convincing proof; review under manifest-weight standard |
| Whether Hochs could prevail through the chain of title | Deeds in favor of Hochs conveyed parcel 4 via trustee’s deed. | Parcel 4 remained with Boehme heirs; trustees’ and quitclaims did not convey parcel 4. | Schmidts hold superior title; Hochs did not prevail through chain |
| Whether the deed descriptions properly included parcel 4 | Trustee’s deed and subsequent deeds included parcel 4 in the assemblage. | Parcel 4 was expressly excluded from the August 2003 trustee’s deed as a separate parcel B; not included. | Trial court erred; parcel 4 not included in Hochs’ deed |
| Whether abandonment concepts apply to Boehme’s 20-foot strip | Lillian Boehme intended to abandon the strip; abandonment could vest title elsewhere. | No clear evidence of abandonment; nonuse alone insufficient. | Abandonment not shown; Schmidt remains title holder on parcel 4 |
Key Cases Cited
- Dotson v. Former Shareholders of Abraham Lincoln Land & Cattle Co., 332 Ill. App. 3d 846 (Ill. App. 1st Dist. 2002) (clear-and-convincing proof; standard for 13-110 determinations)
- McCauley v. Mahon, 174 Ill. 384 (1898) (taxes under color of title defeat others; need clear proof)
- Bazydlo v. Volant, 164 Ill. 2d 207 (1995) (clear-and-convincing evidence defined; standard in context)
- Joiner v. Janssen, 85 Ill. 2d 74 (1981) (adverse-possession framework guiding §13-110 analysis)
- Estate of Welliver v. Alberts, 278 Ill. App. 3d 1028 (1996) (manifest weight standard in title/possession findings)