Austin v. Dufour

The facts material to an understanding of the legal questions involved in this case, so far as they affect the parties now before the court, are as follows: In 1879 Peter Whaler filed an original petition, in the circuit court of Cook county, to enforce a mechanic’s lien against certain improved lots in Chicago, making Henry S. Austin and others, parties. Hillery and Peter Dufour, and Ebenezer B. Rowe, filed in that proceeding an intervening petition. There was a decree in favor of both the original and intervening petitioners. On appeal to the Appellate Court, the decree as to the…