Phœnix Mutual Life Insurance v. Batchen
Appellate Court of Illinois
Appeal from the Superior Court of Cook county; the Hon.. S. M. Moore, Judge, presiding. The record in this case shows the institution of several suits for the establishment and foreclosure of mechanics’ liens upon the same property, their subsequent consolidation, and a final hearing of the consolidated cause on pleadings and proofs, resulting in a decree in favor of the petitioners.
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Appeal from the Superior Court of Cook county; the Hon.. S. M. Moore, Judge, presiding. The record in this case shows the institution of several suits for the establishment and foreclosure of mechanics’ liens upon the same property, their subsequent consolidation, and a final hearing of the consolidated cause on pleadings and proofs, resulting in a decree in favor of the petitioners. The condition of the title to the property in dispute, as shown by the record, is substantially as follows: On the 31st day of July, 1875, Mary K. Barnes was the owner in fee, subject to the incumbrance of a deed…
1Opinion of the CourtBailey, J.
A great variety of questions are presented by the counsel for the various parties, but we shall take the time to consider such only as in our opinion are essential to the proper determination of the appeal.
The decree is manifestly erroneous in ordering the payment to Goff, a mere lien creditor, of the entire surplus proceeds of the property after satisfying the other lien creditors, and payi ng the incumbrances held by the Phoenix Life Insurance Company and the Hational Fire Insurance Company. The surplus, after the satisfaction of all liens, belongs to the owner of the fee, and such owner…
2Cases cited7 opinions
- Dunphy v. RiddleIllinois Supreme Court · 1877
- Rollin v. . CrossNew York Court of Appeals · 1871
- Thielman v. CarrIllinois Supreme Court · 1874
- Cairo & Vincennes Railroad v. FackneyIllinois Supreme Court · 1875
- Caldwell v. LawrenceWisconsin Supreme Court · 1860
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Inter-State Building & Loan Ass'n v. AyersIllinois Supreme Court · 1898
- Inter-State Building & Loan Ass'n v. AyersAppellate Court of Illinois · 1897
- Thorpe Block Saving & Loan Ass'n v. JamesIndiana Court of Appeals · 1895
- Beifeld v. International Cement Co.Appellate Court of Illinois · 1898
- Farwell v. SturgesAppellate Court of Illinois · 1895
1 more not listed; retrieve them via the Exa API.