Bannon v. Thayer

Citations

• 124 Ill. 451
• 17 N.E. 54

Syllabus

<p>1. Parties—proceeding to enforce mechanic’s lien—subsequent mortgagee. After a mechanic’s lien had attached to lots, the owner executed a promissory note, payable to his own order, securing the same by deed of trust on the same property, and indorsed the note to a third person, to secure a loan. D was appointed trustee, and the deed provided that in case of his death or inability to act, E should be trustee in his stead, etc. The holder of the mechanic’s lien brought suit to enforce his lien, making the original owner and the trustee, D, parties, but not the holder of the note, and obtained a decree: Held, that the holder of the mortgage debt, as well as the trustee, was a necessary party, and not being made a party, was not bound by the decree.</p> <p>2. Same—where party in interest is unknown. The fact that the holder of the mortgage note was unknown, afforded no sufficient excuse for not making him a party. He should have been made a party by the description of “unknown owner” of the note.</p>