Buchter v. Dew

Citations

• 39 Ill. 40

Syllabus

<p>1. Mechanic’s lien—pro rata distribution among several creditors. Where several creditors recover judgments at the same term of court, in proceedings under the mechanic’s lien law, they are to be paid pro rata out of the proceeds of a sale of the property subject to the liens.</p> <p>2. Parties—who may sue where one creditor receives more than his pro rata share. If one of the creditors in such case receives from the sheriff who made the sale, more than his pro rata share of the proceeds, the other creditors may-have a right to sue for the excess, but the suit cannot be brought in the name of tho sheriff.</p>