Chisholm v. Williams

Citations

• 128 Ill. 115
• 21 N.E. 215

Syllabus

<p>1. Meottaniq’s dien—of the estate or interest to which the lien may attach. The statute gives a mechanic's lien for labor or materials upon any estate or interest the owner may have in the premises at the time of making the contract. The statute gives the lien against a party in possession claiming to own the title, and it is not necessary to show the title any further, in order to create the lien.</p> <p>2. Same—time of payment—extension thereof. To give a party furnishing labor and materials in the erection of a building a lien upon the premises, the contract must provide for payment within one year from the time stipulated for the completion thereof. H the price is to be paid within that time, a lien attaches, and it will not be lost by a subsequent extension of the time of payment.</p> <p>3. Benewad note—whether it will operate as payment of the prior note. As a general rule, a new note given in renewal of another one will not be regarded as a satisfaction of the first, unless there is an express or implied agreement to that effect.</p> <p>4. A party entitled to a mechanic’s lien for improvements on certain property, took the owner’s note, payable within twelve months from the time fixed for the completion of the work, and transferred the same to a third party, who, on its maturity, took a new note in renewal of the same, giving further time for payment, and took judgment thereon. The original payee took an assignment of the judgment, and offered to cancel the same in such manner as the court might direct: Held, that the latter had a right to a decree for a mechanic’s lien on the original note, although the time when the renewal note fell due was more than one year after the time fixed for the completion of the work.</p> <p>5. Costs—on modification of decree—on appeal. Where a decree for ' a mechanic’s lien, on appeal, was modified by a reduction of the amount found to be due, but otherwise affirmed, this court directed that each party pay one-half the costs