Buckely v. Commercial National Bank
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. John Barton Payne, Judge, presiding. Appellee, the Commercial National Bank of Chicago, commenced its- action in the Superior Court of Cook county, against John S. Woollacott and others, including these appellants, to foreclose two mortgages executed by Woollacott.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. John Barton Payne, Judge, presiding. Appellee, the Commercial National Bank of Chicago, commenced its- action in the Superior Court of Cook county, against John S. Woollacott and others, including these appellants, to foreclose two mortgages executed by Woollacott. The allegations of the bill as to appellants are, that they have, or claim to have, some interest in the premises as judgment or lien creditors, or otherwise, which interests have accrued since and…
1Opinion of the CourtJustice Wilkin
The only question for our decision is, whether or not the court below erred in refusing to sustain appellants’ alleged lien.
First—Are appellants, under the facts of the case, entitled to a single lien against the entire property? We think it clear that each of the houses and lots described in the bill must be treated as a separate and distinct piece of property. The houses are not so built as to constitute one block of buildings, as in the case of James v. Hambleton, 42 Ill. 308. It also appears that appellants and the owner did not, in their contract, treat the buildings as one block. The…
2Cases cited7 opinions
- Campbell v. JacobsonIllinois Supreme Court · 1893
- McDonald v. RosengartenIllinois Supreme Court · 1890
- Steigleman v. McBrideIllinois Supreme Court · 1855
- James v. HambletonIllinois Supreme Court · 1866
- Culver v. ElwellIllinois Supreme Court · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Schmidt v. AndersonIllinois Supreme Court · 1911
- McMillan v. Joseph P. Casey Co.Appellate Court of Illinois · 1923
- Aurand v. MartinIllinois Supreme Court · 1900
- Schwulst Gerling Co. v. FrostAppellate Court of Illinois · 1933
- Shields v. SorgAppellate Court of Illinois · 1906
3 more not listed; retrieve them via the Exa API.