Hickox v. Greenwood

Citations

• 94 Ill. 266

Syllabus

<p>1. Mechanic’s lien—affects only the title of the person contracting. Where (.he owner of land gives a bond or contract for a deed to the purchaser, who procures a building to be erected thereon, the lien of the mechanic attaches upon the purchaser’s interest only, and the vendor can not be required to part with his title until he receives full payment of his purchase money. The vendor in such case does not occupy the position of a prior incumbrancer within the meaning of sec. 17 of the Mechanics’ Lien act.</p> <p>2. Same—extent of the lien. The statute gives a lien by virtue of a contract with the owner of the land, and the second section extends this lien to any interest such owner may have at the time of the contract. If he has only a bond for a deed, he can not by any act of his impair the title of his vendor or give the mechanic or material-man any better title than he himself had at the time he made the contract.</p> <p>3. Same—when vendor makes a loan after building contract. Where a vendor of land who gives a bond for a deed to be made on payment of the purchase money, after the purchaser has contracted for the erection of a building upon the premises, loans the purchaser money and gives a new bond for a deed to be made upon the payment of the original price and the sum thus loaned, the vendor, as to the mechanic who erects the building, will in equity occupy the position of a subsequent incumbrancer as to the sum loaned, and be postponed to the rights of the mechanic, but not as to the purchase money due under the original contract of sale.</p> <p>4. Same—decree. Where a mechanic's lien is established against a party holding a lot under a bond for a deed, who has not paid the purchase money, a sale of the property should be ordered, subject to the rights of the vendor, and out of the proceeds the mechanic should first be paid, and then the amount due any subsequent incumbrancer, and the balance, if any, to the party against whom the lien exists. 0</p>