Lewis v. Rose

Citations

• 82 Ill. 574

Syllabus

<p>1. Mechanic’s uibn—dewee presumed to be correct where the emidence is not preserved. It devolves upon the party complaining of the judgment or decree in proceedings to enforce a mechanic’s lien, to preserve the evidence, and if the evidence is not preserved, the findings of the court will he presumed to be correct.</p> <p>2. Same—purchaser under a special execution against land acquires the title as against parties before the court. Where a petition to enforce a mechanic’s lien, states that the labor was performed for one who was the equitable owner of the lot, though the legal title was in another, and both are made defendants, and the court, after hearing evidence as to the title, renders judgment against the party for whom the labor was performed, and orders that, in default of payment thereof by him or the owner of the legal title, a special execution issue against the land, and that the same be sold, the purchaser at the sale under such execution will acquire the legal title.</p>