Croskey v. Northwestern Manufacturing Co.

Citations

• 48 Ill. 481

Syllabus

<p>1. Mechanic’s lien—in proceedings to enforce—the evidence must be preserved in the record. This court has repeatedly said, that in suits to enforce a mechanic’s lien, the evidence must be preserved in the record, otherwise, this court will presume that the court below decreed properly as to the amount and the relative priority of the different liens.</p> <p>2. Same—the rule of adjustment. The rule for adjusting the different rights of parties holding separate liens upon property, which is sought to be subjected to the payment of a mechanic’s lien, is, that an incumbrance anterior to the mechanic’s lien, takes priority over it, to the extent of the value of the property at the time the mechanic’s lien attached, and the mechanic’s lien takes priority over the mortgage only to the extent of the additional value given to the property by the improvements.</p> <p>3. Same—decree may direct a sale of the premises in fee. And in such suits the decree may direct a sale of the premises in fee, notwithstanding the mortgage may not then be due, and if such mortgage has the prior lien, it retains its priority to the extent of the value of the property at the time the mechanic’s lien attached, this security being given by statute.</p> <p>4. Same—definition of the term “land,” used in the act relative to mechanic's liens. The term “ land,” used in the 20th section of the act in relation to mechanic’s liens, means, the land, with such improvements as there are upon it, at the time of the execution of the mortgage.</p> <p>5. Same—evidence as to the value of the property may be taken after the decree of sale. And in such cases, it is not error for the court to decree a sale of the property, and then direct the master to take evidence and report to the court the comparative value of the land and improvements at the time of the sale, such value being determined in reference to the day of sale. Evidence after the sale would be more satisfactory.</p> <p>6. Former decisions. The cases o