Mills v. Heeney
Illinois Supreme Court
Mills v. Heeney, 35 Ill. 173 (Ill. 1864)
Beckwith
Mills v. Heeney
Opinion of the Court
delivered the opinion of the Court:
An established rule of practice in this State requires decrees in chancery, directing the sale of real estate for the non-payment of money, to give at least ninety days for its payment where there is no right of redemption from the sale. 24 Ill. 551; 27 id. 497; ib. 23; 28 id. 457.
A decree in a suit to enforce a mechanic’s lien should not be rendered for a larger sum than is claimed by the petition, and interest from the time it was filed, where it asserts no claim for interest. 29 Ill. 500; 17 How. 17. In other respects the decree of the court below was correct. It will be reversed and the cause remanded.
Decree reversed.
Reference
- Full Case Name
- John B. Mills v. Bernard Heeney
- Cited By
- 7 cases
- Status
- Published
- Syllabus
- 1. Decree for sale of real estate — time for payment of money. Decrees in chancery directing the sale of real estate for the non-payment of money, should give at least ninety days for its payment, where there is no right of redemption from the sale. 2. Rule applied to decree to enforce a mechanic’s lien. 3. Decree — Mechanic’s lien—recovery limited to amount sued for. A decree in a suit to enforce a mechanic’s lien should not be rendered for a larger sum than is claimed by the petition, and interest from the time it was filed, when it asserts no claim for interest.