Topping v. Brown

Citations

• 63 Ill. 348

Syllabus

<p>1. Mechanic’s lien—its effect on prior liens. Proceedings, decree and sale to enforce a mechanic’s lien, will divest the lien of a prior mortgage for purchase money, the mortgagee having been made a party to the suit, even though the decree makes no reference whatever to the prior mortgage, and is silent as to the proceeds of the sale.</p> <p>2. Jurisdiction. The court having jurisdiction of the subject matter, the purchasers under the sale can not be affected by the error of the court below in failing to provide in its decree for the setting aside a specific portion of the proceeds of the sale towards the payment of the mortgage debt.</p> <p>3. Prior mortgagee—his remedy. The sale under such decree passes a good title to the laud as against the mortgagee, divesting the land of his mortgage lien, and remitting him to the fund resulting from the sale.</p>