Green v. Sprague

Citations

• 120 Ill. 416
• 11 N.E. 859

Syllabus

<p>1. Mechanic’s lien—personal decree—to what extent allowable—and when not permissible. It is error to render a personal decree in a proceeding to enforce a mechanic’s lien, against the defendant or party with whom the contract was made, except for such deficiency of the debt as may remain after sale of the property burdened with the lien.</p> <p>2. Where property, however, becomes divested of a mechanic’s lien by reason of a sale under a prior incumbrance, so that it can not be sold to satisfy the mechanic’s demand against his employer, no decree should be entered except for the dismissal of the petition. In such case it is error to render any decree against the party for whom the work was done or materials fur-' nished.</p> <p>3. Same—cut off by sale under prior lien. Where a contract is made with the owner of real estate for the furnishing of materials and labor to improve the property, pending a bill to foreclose a prior mortgage on the same premises, a decree and sale under the bill will out oif all rights of the mechanic or material-man for a lien.</p>