Reference

Full Case Name

Edmund L. Howett v. Nicholas Selby

Cited By

7 cases

Status

Published

Syllabus

1. Mechanic’s lien—rule of adjustment, as respects prior incumbrancers. In a proceeding to enforce a mechanic’s lien, to which a prior mortgagee was made a party defendant, the court found the proportion of the value of the premises at the time of the decree, which was added thereto by reason of the improvements out of which the mechanic’s lien arose, and then directed that out of the proceeds of a sale of the premises the proportion thereof, so ascertained, which would arise from the land without the improvements, should be first applied on the mortgage, aud the proportion arising from the enhanced value on account of the improvements should be paid on the mechanic’s lien; and any surplus of the latter fund to be applied to satisfy any balance due on the mortgage: Held, as between the mortgagee and the mechanics, the decree was in conformity with the rule laid down in Crosby v. N. W. Manufac. Co. 48 Ill. 481. 2. Cross bill—necessity thereof—relief on answer. And where the prior mortgagee in such case also claimed to have furnished materials for the improvements, it was proper that his claim should be postponed to that of the mechanic who had filed his petition, as the mortgagee did not make his claim in his cross bill, but only in his answer.