Air Power, Inc. v. Thompson

In this case we consider whether the beneficiary of a land trust is a necessary party to an action to enforce a mechanic’s lien.

Kenneth O. Thompson and Spencer R. Stouffer were named as trustees of a 141.31763 acre tract of land under a recorded land trust deed. The deed recites that the trustees hold title to the property for Ken Thompson Properties Joint Venture (KTPJV), the beneficiary, pursuant to an unrecorded trust agreement. In their capacity as trustees, Stouffer and Thompson contracted with Land Works, Ltd., for the construction of streets, sewers, and related structures for the…