Henderson v. Connelly

Citations

• 123 Ill. 98

Syllabus

<p>1. Mechanic's lien—adjustment of rights involved. Where the pleadings in a mechanic’s lien case disclose the rights of the parties, the court, in its decree, may properly settle and adjust the same.</p> <p>2. Same—vendor and purchaser—of their relations, respectively, to a mechanic's lien. Where the vendor of real estate has done nothing to authorize the vendee to improve the premises, and the latter, on his own responsibility, incurs a liability with a builder, the lien of the mechanic will be confined to the interest of the purchaser in the premises, and the vendor can not be required to part with his title until he is fully paid the purchase price.</p> <p>3. But where the vendor, by his contract of sale, expressly authorizes his vendee to erect a building on the premises, agreeing to advance money to aid in such improvement as the work progresses, and before any termination of the contract, and notice thereof, a mechanic furnishes materials and performs labor in the erection of such building, the latter will not be required to look alone to the title held by the vendee, but may enforce his lien against the legal as well as the equitable title.</p>