« ForrigeFortsett »
state that names or places of residence were or expectancy, and if any set forth the same unknown and could not have been ascertained and post office address of every such person and on diligent inquiry under paragraph j.
the nature of his estate or claim.
“(j) When the place of residence of any per7. Records aww 9(6)-Known claimant could not son whose residence is required to be given is
be made party to proceedings to register title unknown, it may be so stated if the applicant by joining “all whom it may concern."
will also state that upon diligent inquiry he Person claiming estate in land, whose name has been unable to ascertain the same. All perand address is known or can be ascertained on sons named in the application shall be condiligent inquiry, cannot be made party to appli- sidered as defendants thereto, and all other cation to register title, under Land Titles Act, persons shall be included and considered as $ 11, 13, by adding as parties “all whom it may defendants by the term 'all whom it may conconcern" under section 11, par. j. 8. Records Cm9(12)-Objection that dismissal should have been without prejudice held not tition stated:
In compliance with paragraph f, the peavailable for first time on appeal. Objection that application to register title
"Liens and incumbrances on the lands are a should have been dismissed without prejudice, trust deed from Henry Ambos and Martha Ambecause it did not pass upon merits of appli- bos to Henry L. Koch, dated June 1, 1918, and cants' title, held not available for first time on recorded August 2, 1918, securing payment of appeal, in absence of record showing that peti- one note for $2,200, due five years after its tioners asked lower court that dismissal be date (June 1, 1918), with interest at 6 per without prejudice.
cent. per annum, payable semiannually. Said
trustee, Henry L. Koch, is deceased. William Appeal from Circuit Court, Cook County; C. Koch is the successor in trust in said trust George Fred Rush, Judge.
deed. Name of owner or holder thereof, Lydia
W. Johnson. Post office address, 3818 North Application for registration of title by Robey street, Chicago, Ill. Amount of claim, Henry Ambos and wife against Emma J. $2,200. Recorded as document No. 6369454." Glos and others. Decree dismissing application, and petitioners appeal. Affirmed.
The allegations of the petition in an at
tempt to comply with paragraph & were as Enoch J. Price, of Chicago, for appellants. follows:
John R. O'Connor and Alben F. Bates, both of Chicago, and Walter A. Glos, of Chi
“Other person, firm or corporation having or cago, for appellees.
claiming any estate, interest or claim, in law J. Scott Matthews, of Chicago, for Joseph or expectancy in said land, are:
or equity, in possession, remainder (reversion)
(1) Emma J. F. Haas, Registrar of Titles.
Glos, address Elmhurst, Du Page county, ni.
(2) Clara G. Bates, address Elmhurst, Du Page DUNN, J. Henry Ambos and Martha Am- county, Ill. (3) Albert H. Glos, address Elmbos, his wife, made application to the cir- hurst, Du Page county, N. (4) Walter A. cuit court of Cook county for the initial reg- burst, Du Page county, Ill._(5) Mabelle L
Glos, personally and as trustee, address Elmistration of title to lot 301 in a certain sub- Glos, address Elmhurst, Du Page county, m. division of real estate in that county, claim- (6) August A. Timke, trustee, address Elming that they were the owners of the lot in hurst, Du Page county, Ill. (7) Charles E. fee simple as joint tenants, occupying it as Wilson, successor in trust, address 3166 Lintheir homestead. The petition was answered coln avenue, Chicago, Ill. (8) A. Engelbracht, by some of the defendants, others were de- address 1011 North Lawlor avenue, Chicago, Ill. faulted, and the cause was referred to an (9) Henry Schmelzle, address 4741 Linder ave
nue, Chicago, Ill. (10) Henry M. Cohen, sucexaminer of titles, who made his report rec
cessor in trust, address unknown. ommending that the application be dismissed.
“The interests of said Emma J. Glos, Clara The exceptions of the appellants to the re- G. Bates, Albert H. Glos, Walter A. Glos, Maport were overruled, and a decree was en- belle L. Glos and August A. Timke, trustees, tered dismissing the application at the peti- are under tax deed and are all void and invalid. tioners' costs, from which they appealed.
Said defendants, Charles E. Wilson, successor The petition was in the form prescribed in trust, Henry M. Cohen, successor in trust, by sections 11 and 13 of the Land Titles Act A. Engelbracht and Henry Schmelzle, claim (Smith-Hurd Rev. St. 1923, c. 30, $$ 55, 57). and the record of which should be canceled
liens on said premises which have been paid Paragraphs f, g, and j of section 11 provide and set aside." that the petition shall set forth substantially as follows:
The allegations which relate to the require
ments of paragraph j were as follows: “(f) Whether the land is subject to any lien or incumbrance, and, if any, give the nature and "That Henry M. Cohen, successor in trust, amount of the same, and, if recorded, the book and all whom it may concern, on due inquiry and page of record; also give the name and cannot be found, so that process cannot be post office address of each holder thereof. served upon him, and upon diligent inquiry his
“(g) Whether any other person has any es place of residence cannot be ascertained; that tate or claims any interest in the land, in law his last known place of residence was Chicago, or equity. in possession, remainder, reversion ill.
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(145 N.E.) "(7) Other facts connected with said land liens, judgment liens, mortgage liens, or liens are that there are other persons not named as of another character. The application' gave defendants herein above who do or may claim no information as to the nature of the trusts some interest in said premises. All such per which the respective trustees held, whether sons are hereby made defendants to this pro the trust deeds were in the nature of mortceeding by the name and style of 'all whom it may concern.'”
gages to secure the payment of money or
whether they were made for the use of the The examiner found that the land in ques- beneficiaries of the trust in some other form. tion was subject, among other liens and in- The statute, in requiring the nature of the cumbrances, to three trust deeds: One from claim to be stated, demanded something more Charles Hepp and wife to Henry Beisner, than the mere statement, as it is sometimes dated September 11, 1899, securing the pay-made, for instance, in bills for the forecloment of one note for $900 due three years sure of mortgages, where subsequent incumafter date, with interest at 642 per cent. brancers or purchasers are made parties deper annum, payable semiannually; another fendant by the simple allegation that they from Jacob Glos to August A. Timke, dated have or claim some interest, the exact naturė November 7, 1917, securing a note for $50,000 or extent of which is unknown to the compayable on or before ten years after date, plainant. In this proceeding the statute rewith interest, which affected the tax interest quired that the nature of the claim should of the grantor at the date of the trust deed; be stated as fully as was in the power of another from Jacob Glos to Walter A. Glos, the applicant, though it was not necessary to dated May 31, 1919, securing a note for $10,- state that the claim was void, or any rea000 payable on or before five years after son for its validity, or to pray for any spedate, with interest at 5 per cent. per annum, cific relief in regard to it. affecting the tax interest of Jacob Glos at [2-5] All persons having or claiming any the date of the trust deed. The recommenda- estate or interest in land are required to be tion of the examiner that the application made parties to an application for the regisbe dismissed was based upon his report that tration of the title, and the general rule is these three trust deeds recorded in the re- that in all suits respecting trust property, corder's office of Cook county were not spe- whether brought by or against a trustee, the cifically mentioned in the application, though beneficiaries are necessary parties and the they were introduced in evidence, and that objection on account of their not being made the holders or owners of the notes secured parties may be taken on appeal. Wilson v. by such trust deeds were not made parties Central Trust Co., 285 111. 427, 120 N. E. 739 ; to the application, and that on account of Dubs v. Egli, 167 Ill. 514, 47 N. E. 766. The the failure to make such necessary parties trustee is a necessary party because he holds he had refused to receive and consider any the legal interest. The beneficiary is a necevidence tending to show a cancellation of essary party because he has the equitable and the indebtedness secured by such trust deeds ultimate interest to be affected by the deas against such holders and owners who had cree. The beneficiaries of the trusts upon not been brought within the jurisdiction of which Wilson, Cohen, and Timke held, were the court. The trust deed to Henry L. Koch | parties equally as necessary as Wilson, Cowas not questioned in any way, but was ad- hen, and Timke, the trustees, and the nature mitted in the application to be a lien on the of their estates or claims was required to be lot.
stated. In the case of the admitted lien of  In partial compliance with the require the trust deed to Henry L. Koch, the appli. ments of paragraph g of section 11, the ap- cation did set forth the name of the holder plication set forth the names and post office of the note as well as the name of the trusaddresses of certain persons alleged to have tee and successor in trust. or claim some estate, interest, or claim in  While paragraph g required the name the land, but it omitted to state the nature and post office address of every person have of such interests or claims. The allegation ing any estate or claiming any interest in that the interests of some of the persons the land to be stated, paragraph j provided named were under tax deeds conveyed no that when the place of residence of any per: information as to the nature of their claims, son whose residence is required to be given whether as grantees in the tax deeds or re- is unknown, it may be so stated if the apmote grantees of the persons receiving the plicant will also state that upon diligent in. tax deeds, or as incumbrancers by way of quiry he has been unable to ascertain the mortgage, trust deed, or otherwise. The same. No effort was made to comply with statement that Charles E. Wilson, successor this requirement. There is nothing to indi. in trust, Henry M. Cohen, successor in trust, cate that either the names or the places of A. Engelbracht and Henry Schmelzle claimed residence of the beneficiaries in the trust liens on said premises which have been paid deeds were unknown, or, if they were unand the record of which should be canceled | known, that upon diligent inquiry they could and set aside gave no information as to the not have been ascertained. They should all character of the liens-whether mechanics' have been stated. For aught that appears,
145 N.E. 41
the names and addresses of all the beneficia- 1 3. Countles Om 191-Taxes levied by viva voce ries in all these trust deeds were well known
vote held void. to the petitioners and they may all have Taxes levied by board of commissioners been residents of this state, so that they of a county under township organization by could have been served personally with pro- in relation to counties, as amended by Laws
viva voce vote held void, under section 54 of act
1921, p. 388, requiring vote to be taken by ayes  The further provision of paragraph i and nays, and entered on record. that all persons named in the application should be considered as defendants thereto Appeal from Piatt County Court; M. R. and all other persons shall be included and Davidson, Judge. considered as defendants, by the term "all whom it may concern,” does not justify the of William Piatt Smith as County Collector
Application by the People, on the relation making of persons whose names and ad- of Piatt County, for judgment against the dresses should be given parties defendant by property of the Wabash Railway Company the term "all whom it may concern." The
for delinquent taxes. From judgment for name as well as the place of residence of
applicant, railway company appeals. Re every person which the applicant by diligent
versed. inquiry may ascertain is required to be stated, and no such person can be made a party
N. S. Brown and L. H. Strasser, both of to the proceeding by the name of "all whom St. Louis, Mo., and F. M. Shonkwiler, of it may concern,” and the expression "all Monticello, for appellant. whom it may concern" was not intended and Edie & Edie, of Monticello, for appellee. cannot be extended to include parties so required to be named. “All whom it may con DE YOUNG, J. The county collector of cern,” in proceedings for the initial registra- Piatt county applied to the county court of tion of title, includes only persons not known that county at its June term, 1924, for judgto have or claim any estate or interest in the ment against real estate upon which taxes land, or persons having some estate, interest, were delinquent. The Wabash Railway Comor claim whose names are unknown and can- pany filed objections to certain county taxes. not upon diligent inquiry be ascertained. The objections were overruled, and judgment
 The appellants say that the decree was rendered against its property for $4,682.should have dismissed the application with- 74. The railway company prosecutes this ap out prejudice because it did not pass upon peal from the judgment of the county court the merits of the applicants' title in fee, which The supervisors' record shows that at the the examiner found was vested in the ap September, 1923, meeting of the county board pellants. The appellants are not permitted of supervisors, on motion, a resolution was to make this objection for the first time in adopted that there be levied upon all taxable this court. There is nothing in the record property of the county the sum of $74,660, to show that they asked in the circuit court which consisted of various items The counthat the dismissal should be without preju- ty clerk testified, over the objection of the dice, and it was properly dismissed for want appellant. that all the members of the board of necessary parties.
were present at the meeting; that when the The decree is affirmed.
resolution was offered the chairman said, Decree affirmed.
"All in favor of the motion say 'yea'"; that they all voted yea, and that the chairman de clared the motion carried.
[1, 2] The county of Piatt is under town.
ship organization. Section 54 of the act in (314 Ill. 386)
relation to counties, as amended in 1921, apPEOPLE ex rel. SMITH, County Collector, v.
plicable to counties under township organiza. WABASH RY. CO. (No. 16313.)
tion, requires that the vote on all propositions (Supreme Court of Illinois. Dec. 16, 1924.) to appropriate money from the county treas
ury shall be taken by ayes and nays, and 1. Counties Om 190(1)-County can levy taxes entered on the record of the meeting. Laws only in conformity with power granted. of 1921, p. 388. Section 45 of the same act,
A county in levying taxes exercises a pow. also amended in 1921 (Laws of 1921. p 387), er granted by the General Assembly, and it can which is applicable to boards of county comact only in conformity with the power so missioners in counties not under township granted.
organization, contains that identical provi. 2. Counties Om 15372-County's power to ap
sion. In People v Wabash Railway Co., 308 propriate money is definitely limited by law. I. 604, 140 N. E. 10, it was held that the
A county's power to appropriate money is levy of a county highway tax is an appropriadefinitely limited as to the time when, the tion of money; that section 45, as amended purposes for which, and the manner in which, in 1921, requires that such an appropriation it shall be exercised.
be made by a vote by ayes and nays, and
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(145 N.E.) entered on the record of the meeting of the for review before the Commission, which afcounty board, and that the failure to take firmed the award. The employer afterward such vote and to make such record was fatal | filed petition for review of award because to the tax. The county in levying taxes exer- disability had ended. Judgment for claimcises a power granted by the General As- ant, and the employer brings error. Affirmed. sembly, and it can act only in conformity with the power so granted. Its power to ap in error.
T. W. Quinlan, of Springfield, for plaintiff propriate money is definitely limited as to the time when, the purposes for which, and Stone, of Marion, for defendant in error.
A. W. Kerr of Chicago, and George R. the manner in which, it shall be exercised.
 The county board cannot act in disregard of the statutory limitations, which are
STONE, J. [1, 2] Defendant in error, Jess imposed for the benefit of the taxpayer. The Norman, while in the employ of plaintiff in resolution in the instant case was adopted' by error as a loader, received an injury by reaa viva voce vote. There was no roll cali, son of a powder explosion, causing burns but all the supervisors voted collectively. No about his arms, face, and body. An award attempt was made to comply with the re
was entered for temporary total disability quirements of the statute that there shall be and disfigurement, and the further sum of an aye and nay vote and that such vote shall $4,95 per week for a period of 38434 weeks for be entered on the record of the meeting. partial disability. The decision of the arbiPeople v. Wabash Railway Co., supra, is de- trator was entered on July 27, 1919. À pecisive of this case, and the appellants’ objec- tition for review before the commission was tions to the tax should have been sustained. filed, and a hearing was had thereon on Jan
The judgment of the county court will be uary 30, 1920, and on February 11, 1920, the reversed.
commission affirmed the award. Judgment reversed.
On July 2, 1921, a petition was filed by the plaintiff in error under paragraph (h) of section 19 of the Compensation Act (Smith-Hurd Rev. St. 1923, c. 48, § 156), setting up that
the defendant in error's disability had, since (314 III, 509)
the entry of the original award, decreased RIDGE COAL MIN. CO. V. INDUSTRIAL and ended. A hearing was had on this peti. COMMISSION et al. (No. 16193.)
tion on October 31, 1921. The only testimony (Supreme Court of Illinois. Dec. 16, 1924.) offered on behalf of plaintiff in error on this
petition related to the earnings of the de 1. Master and servant Om 419_Showing neces- fendant in error at the time the petition was sary, on petition to review award of com- filed. Defendant in error was examined, and pensation because of changed conditions, testified that he was at that time receiving stated.
$6.86 per day for top work; that he was unUnder partial disability clause of Work- able to load coal, which had been his regular men's Compensation Act, § 8. par. (d) on peoccupation at the time of the injury; that tition to end award under section 19, par. (b), he could do the top work, such as trimming where there has been change in scale of wages, to show comparison of earning power before cars, because it was not so heavy; that his and after injury showing should be made as to left arm was a little better; that his back increased scale of wages in his employment was worse, and that his kidneys were in bad since accident, and also increase of wages for shape; that he had been unable to return to services rendered by him prior to accident. the work of loading coal since the injury. 2. Master and servant Om419-Evidence only
On the hearing on the original claim it was concerning wages of injured workman held stipulated that at the time of his injury his not sufficient to justify holding disability had average weekly wage was $27.51. The testiended.
mony on the hearing on this petition showed On petition filed by employer under Work that when he went to work at top work he men's Compensation Act, $ 19, par. (h), to end earned $4.36 per day, and that thereafter difcompensation for partial disability under sec- ferent increases in wages were granted, until tion 8, par (d), testimony only concerning by August 16, 1920, he was earning $6.86 per wages of injured workman and not his con- day. dition, was not sufficient to justify holding
Plaintiff in error contends that the wage of that disability bad ended.
defendant in error at the time this petition Error to Circuit Court, Williamson Coun
was filed amounted to $31.36 per week as ty; D. T Hartwell, Judge.
against $27.51 before the injury; that this
evidence of itself is sufficient to show that Proceeding under the Workmen's Compen the disability has ended. Counsel for plainsation Act by Jess Norman, claimant, op tiff in error also states in his brief that it is posed by the Ridge Coal Mining Company, stipulated that the increase in wages for loademployer. After an award by the Industrial ing coal amounted to 14 per cent., and that Commission, the employer brought a petition with such increase added to the wage receiv
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ed by the defendant in error before the in-, before the commission in January, 1920, it jury it would still be less than he is receiv- does not show what increase, if any, had taking. The record shows, however, that the en place in the scale of wages for such emstipulation as to an increase of 14 per cent. ployment up to the time of the hearing on for loaders was entered into at the time of this petition in October 1921. the hearing on review of the original petition Since the plaintiff in error has contented for compensation before the commission on itself with presenting testimony only concernJanuary 30, 1920. The record does not con- | ing the wages of the defendant in error, and tain any evidence as to the increase in the has offered no evidence concerning the conwages of loaders up to the time of the hearing dition of the defendant in error, its evidence on this petition on October 31, 1921. There is not sufficient to justify a holding that the is not therefore in the record sufficient evi- disability of the defendant in error has enddence on which to base a comparison of in- ed, and the circuit court was right in so hold
ing The “partial disability clause" of the stat The judgment of the circuit court will ute, as it is called, is paragraph (d) of section therefore be affirmed. 8 of the Compensation Act (section 145), Judgment affirmed. which provides that if the employee, as a result of his injury, becomes partially incapacitated from pursuing his usual and customary line of employment, he is entitled to compen
(314 III. 332) sation "equal to fifty per centum of the dif
PEOPLE ex rel. HALL V. PEARSON. ference between the average amount which
(No. 16244.) he earned before the accident, and the average amount which he is earning or is able to (Supreme Court of Illinois. Dec. 16, 1924.) earn in some suitable employment or business 1. Statutes em 109_Title to act need not be after the accident.” Paragraph (h) of section
synopsis of its provisions or index to con19 permits a review of the award within 18
tents of each section. months “on the ground that the disability of
It is not essential, to comply with Const. the employee has subsequently recurred, in- art. 4, § 13, requiring title of act to express the creased diminished or ended." The disabili one subject embraced in act, that the title shall ty referred to in paragraph (h) of section 19 be a synopsis of provisions of act or an index is the disability found to exist, and for which to contents of each section. compensation is allowed under paragraph (d) 2. Statutes em 109_Provisions in act effecting of section 8 of the act. It is therefore im
purpose of act as expressed in title are withportant, though not necessarily controlling, in title. on a petition under paragraph (h) of section
Title of an act contemplated by Const. art. 19, to determine what the employee is earn- 4, § 13, is intended to indicate the general subing as compared with what he earned prior ject of legislation contained in act, and whatto his injury Where there has been a ever provisions may be regarded as tending to change in the scale of wages, a comparison effect the purpose of the act are within the
title. of earning power before and after the injury cannot be fairly made without a showing not 3. Statutes w121(1)-Section of Revenue only as to the increase in the scale of wages
Act of 1898 held not void as going beyond received by the employee since the accident, subject of act as expressed in title of act. but also the increase in the scale of wages Revenue Act of 1898, section 24 thereof paid for the character of services rendered which provides that term of office of assessor: by him prior to the accident. The purpose tion Act, art. 7, § 1, had previously begun im
of township, which, under Township Organizaof the act is to as nearly as possible give the injured employee 50 per cent. of the differ- tion, should begin on 1st day of January follow
mediately following his election and qualificaence between what his earnings would have ing election, held not void under Const. art. 4, § been had he not been injured and what he is 13, as going beyond subject of act as expressed earning or is able to earn subsequent to the in its title-the assessment of property and injury. In order to do this, where the scale providing the means therefor. of wages of his subsequent employment has 4. Statutes 159–Scope of repeal by impliincreased since the injury, it is necessary to
cation stated. show whether or not there has been an in
A repeal by implication extends only to crease or decrease in the scale of wages paid such provisions of the prior act as are so irfor employment of the character the em- reconcilably repugnant to the latter act that ployee was engaged in before the injury, and both cannot be given effect. how much. While the record in this case 5. Towns em 58—Statute changing duration of shows that the increase in the scale of wages
term of assessor's office held not to repeal paid for employment of the character fol section of Revenue Act relative to beginning lowed by the defendant in error before his of term. injury, amounted to 14 per cent. up to the Laws 1909, p. 470, changing term of astime of the hearing on the original petition ) sessor's office from one to two years, held to
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