Lomax v. Dore

Citations

• 45 Ill. 379

Syllabus

<p>1. Mechanic’s lies—enforcement of— a chancery proceeding. A proceeding to enforce a mechanic’s lien is a chancery proceeding, and governed by the rules applicable to such proceedings, and all persons interested in the property should be made parties to it.</p> <p>3. Same. A made a contract with B for the building of a house upon certain premises, but, prior to making it, conveyed the premises to C in trust, to secure the payment of the purchase money to D, his grantor. B filed a bill to enforce a mechanic’s lien against the premises, making A alone a party defendant, and obtained a decree, under which a sale was made, B becoming the pur chaser. C also sold the premises under the trust deed, and E became the purchaser at the trustee’s sale, and went into possession under his deed. Held, on demurrer to a bill filed by B against E, to determine his rights in the premises, that the bill could not be maintained; that the trustee and cestuis que trust should have been made parties defendant to the proceedings to enforce the lien.</p> <p>3. That A’s interest alone, was reached by the decree in the lien suit, and the sale thereunder transferred to B only A’s title, which was a mere equity of redemption.</p> <p>4. That B, by his purchase, having extinguished his lien, the title he had to the premises was of a legal nature, to be enforced, if anywhere, in a court of law. But his title being junior to that acquired by B under the trust deed, no remedy at law was afforded him.</p> <p>5. In such case, where two parties acquired title to the same premises, one under the proceedings to enforce a mechanic’s lien, and the other by a purchase under a trust deed, the trustee and cestuis que trust not having been made parties to the lien suit, the title derived through the trust deed will be superior.</p>