Raymond v. Ewing
Illinois Supreme Court
This was a bill filed in the Circuit Court of Marshall county, for an injunction to restrain the sale of certain premises in said county, under a prior decree of the same court, in a proceeding for mechanics’ lien.
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This was a bill filed in the Circuit Court of Marshall county, for an injunction to restrain the sale of certain premises in said county, under a prior decree of the same court, in a proceeding for mechanics’ lien. Bill shows, that William L. Ewing, Albert G. Edwards, Nathan Cole, Philip W. Hermans, and Frederick Berthold, of the city of St. Louis, copartners, doing business at St. Louis, under the style and firm of W. L. Ewing & Co., and -Clinton Briggs, of the city of Chicago, are complainants; that Theodore Perry and Joseph L. Dodds, of Lacón, State of Illinois, copartners under the name…
1Opinion of the CourtCaton, C. J.
Ewing & Co. were not parties to the lien suit, and were not bound by that decree. They may contest that decree in this mode.
We are of opinion that the Circuit Court should not have stopped short upon granting the injunction to restrain the sale decreed in the mechanics’ lien suit, but it should have gone on and settled the rights of the parties. The deed of trust constituted a first lien upon the premises, and improvements thereon at the time' the trust deed was recorded; but the statute gives the mechanics and material men liens, paramount to the trust deed, upon the improvements made by…
2Cited by7 opinions
- LaSalle Bank National Ass'n v. Cypress Creek 1, LPIllinois Supreme Court · 2011
- Krotz v. A. R. Beck Lumber Co.Indiana Court of Appeals · 1905
- Seibel v. SiemonSupreme Court of Missouri · 1873
- Albrecht v. BuelowAppellate Court of Illinois · 1915
- Mitchell v. RobinovitzAppellate Court of Illinois · 1933
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