Portones v. Badenoch

Citations

• 132 Ill. 377

Syllabus

<p>1. Mechanic’s lien—implied contract—materials furnished. Where one, under an implied contract with the owner of real estate, and at his request, furnishes materials for the erection of buildings, and such materials are put into the buildings, and all of such materials are furnished within the year named in section 3 of the Lien law, the party so furnishing will be entitled to a lien on the land upon which the buildings are erected.</p> <p>2. Same—materials for several buildings—upon different lots of ground—lien upon a particular lot. The fact that a large quantity of building materials is sold to a contractor, to be used in some five or six different buildings on different lots, will not prevent the enforcement of the lien given by statute as to a particular house and lot, where it is shown that the account for the materials for such house was kept separate and distinct from the materials for the other houses.</p> <p>3. Parties — omission of party—prior incumbrancer—in mechanic’s lien proceedings—who may complain. Where a decree to enforce a mechanic’s lien orders, the premises to be sold, subject to a deed of trust thereon, the failure to make the holder of the note seemed by the trust deed a party to the suit, is not such an error, if any, as can avail the owner of the property ordered to be sold. It is not an error of which the defendant can complain.</p> <p>4. Same—want of parties—how availed of. Where a bill for amechan! ic!s lien seeks a sale of the property subject to a prior incumbrance, without making the holder of the debt secured thereby, a party, the defendant, if he thinks the incumbrancer a necessary party, should demur to the bill, stating this as a ground of demurrer.</p> <p>5. A demurrer, for the want of a proper party, must show on its face that specific ground of demurrer. Claiming in an answer, in a general way, the advantages of a demurrer, will not present the question of the want of a proper party.</p>