Woodburn v. Gifford

Citations

• 66 Ill. 285

Syllabus

<p>1. Mechanic’s lien—exists only as against contracting party, and should be limited to tract upon which building was erected. Where A and B owned two tracts of land inclosed by one fence, and the husband of B, on behalf of himself and his wife, contracted with and procured the complainant to erect a building upon the smaller tract, consisting of 22% acres, it not being alleged in complainant’s bill, to enforce his lien, that A had any connection with the contract, and it not appearing that the contract was made with his assent, the court below found that the complainant was entitled to a lien on the undivided half of both tracts, which was ordered to be sold in default of payment: Held, that the decree should have provided for the sale of- the interest of B and her husband only, and in the tract upon which the building was erected, comprising the 22% acres.</p> <p>2. Decbee—direction as to surplus on sale. In a proceeding to enforce a mechanic’s lien for building a house upon a tract of land, the title to which was in the wife of the party contracting for the improvement, and a third party not connected with the contract, they also owning eighty acres adjoining the same, the wife having the undivided half of each tract, and the tract upon which the building was erected containing 22% acres, the court ordered the sale of the undivided half of both tracts, which were worth $200 per acre, to satisfy complainant’s demand of $666.84, and the surplus, after satisfying the decree, to be paid to the husband: Held, that the decree was erroneous in directing the surplus to be paid to the husband.</p>