Chicago Artesian Well Co. v. Corey

Citations

• 60 Ill. 73

Syllabus

<p>1. Mechanic’s lien — how acquired. The law of lien enacted in 1845 applied only in cases of express contracts to furnish materials or labor. That of 186J enlarges the provision so as to coverall contracts, express or implied.</p> <p>2. Lien — proof—request. Proof of labor or materials furnished within one year after request, express or implied, will sustain the lien.</p> <p>3. Same — second purchaser. A sale of the property after the lien is fixed, to a party cognizant of the encumbrance, gives him no rights as against the lien.</p> <p>4. Same — diversion of materials. The diversion to other uses, without collusion of the seller, of a portion of the materials purchased for use upon the premises, does not tend to defeat the lien respecting it.</p> <p>5. New evidence. Upon a third trial, new evidence tending to set aside a former decree, must be distinct, positive and overwhelming.</p> <p>6. Collatebals — sale of by holder, when void. One to whom securities are pledged for security of a debt, can not become the purchaser at his own sale.</p> <p>7. Such sale, if illegal, does not cancel the securities, but the pledgee is remitted to his former rights respecting them.</p>