Kidder v. Aholtz

Citations

• 36 Ill. 478

Syllabus

<p>1. Clerical error. Where there are several defendants, and this court can clearly see that the name of one defendant is used, by mistake, in place of that of another, in one of the recitals of the decree setting forth the evidence, the court will treat such mistake as a clerical error, and disregard it</p> <p>2. Practice — under the lien law. In proceedings under the lien law, the party complaining of the judgment or decree in the court below must preserve the evidence.</p> <p>S. Same. In proceedings under the lien law, the court generally may, if it see proper, direct the sale of the estate of all parties having an interest in the premises. But the better practice is not to do so, if the objects of the statute can be attained by decreeing a sale of the interest of those parties only against whose interest the lien equitably attaches.</p> <p>4. Same. Where the person who contracted the debt which created the lien, sold to another, who reserved from the purchase-money an amount sufficient to pay the debt, the latter cannot complain of a decree making the debt a lien on his interest in the land.</p>