Legal Opinion

McCarthy v. Miller

Appellate Court of Illinois

Decided September 8, 1905PublishedCited by 1 opinion

Mechanic’s lien proceeding. Error to the Circuit Court of Jackson County; the Hon. Warren W. Duncan, Judge, presiding. Heard in this court at the February term, 1905.

1Opinion of the Court

Mr. Presiding Justice Higbee

delivered the opinion of the court.

This was a suit to enforce a lien under the mechanics’ lien law. The facts in the case as they appear from the record are that on February 9, 1903, Charles E. Dickerman sold to Sam T. Brush ten acres of land adjoining the city of Carbondale, Illinois, for $1,400 and took his note for that amount, due in four months with interest at the rate of six percent, per annum. The note afterwards, by assignment, became the property of Catherine McCarthy and on June 6, 1903, Brush gave her a mortgage on the premises to secure the same, which…

2Cases cited3 opinions

  1. Iglehart v. WessonIllinois Supreme Court · 1866
  2. Alexander v. WelchAppellate Court of Illinois · 1882
  3. Warner v. De Witt County National BankAppellate Court of Illinois · 1879

3Cited by1 opinion

  1. Wertz v. MulloyAppellate Court of Illinois · 1908

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