Howett v. Selby
Illinois Supreme Court
Whit op Ebbor to the Circuit Court of Clay county • the Hon. Richard S. Canby, Judge, presiding.' On the sixteenth of October, 1868, Edmund L. Howett conveyed to Robert Hall a certain lot of ground in the town of Flora, Illinois, for a consideration of $1900, taking a mortgage on the premises to secure the payment of the purchase money.
Read the full summary
Whit op Ebbor to the Circuit Court of Clay county • the Hon. Richard S. Canby, Judge, presiding.' On the sixteenth of October, 1868, Edmund L. Howett conveyed to Robert Hall a certain lot of ground in the town of Flora, Illinois, for a consideration of $1900, taking a mortgage on the premises to secure the payment of the purchase money. Subsequently to the purchase, and execution of said mortgage, Hall made improvements on the premises, and various mechanics’ liens attached therefor, and proceedings were commenced to enforce them, Howett being made a party defendant. Howett answered, setting…
1Opinion of the CourtChief Justice Lawrence
As between the mortgagee, Howett, and the mechanics in this case, the court decreed in conformity with the rule laid down in Crosby v. N. W. Manuf. Co. 48 Ill. 481, and in previous cases. As to the seventy-three dollars claimed by Howett for materials furnished, he can not complain that this claim was postponed to that of the mechanics who had filed their petitions, since he does not make this claim in his cross bill, and only sets it up in his answer. We find no error in the record.
Decree affirmed.
2Cases cited1 opinion
- Croskey v. Northwestern Manufacturing Co.Illinois Supreme Court · 1868
3Cited by7 opinions
- Clark v. MooreIllinois Supreme Court · 1872
- LaSalle Bank National Ass'n v. Cypress Creek 1, LPIllinois Supreme Court · 2011
- Moulding-Brownell Corp. v. E. C. Delfosse Construction Co.Appellate Court of Illinois · 1940
- Albrecht v. BuelowAppellate Court of Illinois · 1915
- Mitchell v. RobinovitzAppellate Court of Illinois · 1933
2 more not listed; retrieve them via the Exa API.