Taylor v. Gilsdorff

Citations

• 74 Ill. 354

Syllabus

<p>1. Mechanics’ lien—where title to land is in trustee withpower to build, power to make contract, with the statutory incident of a mechanics’ lien, is implied. Where a deed by which land is conveyed to a trustee, to be held for the use of others, gives authority to build upon and improve the land, and to borrow money and mortgage the premises to secure it, for the purpose of building, it follows that the power to make contracts for building exists with the statutory incident belonging to such contracts, that of a mechanics’ lien.</p> <p>2. A wife conveyed her real estate to a trustee in trust for herself during the joint lives of herself and husband, with remainder over to the heirs or devisees of the husband, and to the husband’s heirs if he survived the wife and their children. In the deed was a provision that the property might be built upon and improved for the purpose of providing a revenue, and giving the husband and wife the general management of the premises, acting in concurrence and with the approval of the trustee, and for the purpose of so building or improving; power was given to sell any portion of the premises, or to mortgage the same to secure any loan for that purpose. The husband, in his own name, made contracts for the erection of buildings on the premises, and the buildings were so erected, with full knowledge of the wife and trustee, and without any objection on their part: Held, that the persons performing labor and furnishing materials were entitled to enforce a mechanics’ lien against the whole estate.</p>