Croskey v. Corey

Citations

• 48 Ill. 442

Syllabus

<p>1. Mechanics’ lien—what essential thereto. In a petition to enforce a mechanics’ lien for lumber purchased to improve a certain lot, it is essential to the creation of the lien, that it shall appear to have been purchased for that purpose.</p> <p>2. Same—what constitutes a discharge of the lien. Where one of the members of a firm owns a lot, and he purchases lumber to improve the same, and the firm note is given in payment—that would be such additional security as would discharge the lien.</p> <p>3. But if the firm orders the lumber to be placed on the premises, and it is used in the improvement of the same, and the firm afterward gave their note for the amount, it would not operate to discharge the lien.</p> <p>4. Same-s-o/' the requisites of the decree. In a decree to enforce a mechanics’ lien, it is necessary, where there are other liens or incumbrances upon the premises, some of which are prior and some junior to the mechanics’ lien, that the decree should declare the order in which the several liens attach.</p> <p>6. Former decisions. The cases of Benneson v. Thayer, 23 Ill. SH; Kinney v. Thomas, 28 ib. 502; Bill v. Bishop, 25 ib. 349, and Grosleey v. Northwestern Manufacturing Co., post p. 481, are cited in point.</p>