Ferry v. Moore
Appellate Court of Illinois
Appeal from-the Circuit Court of Cook county; the Hon. Mubbay F. Tuley, Judge, presiding. This was a petition for a mechanic’s lien, brought by Richard B. Moore against Aaron D. Ferry, Emelin e 0. Ferry, Joseph E. Otis and the trustees of the Presbyterian Theological Seminary of the Horthwest.
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Appeal from-the Circuit Court of Cook county; the Hon. Mubbay F. Tuley, Judge, presiding. This was a petition for a mechanic’s lien, brought by Richard B. Moore against Aaron D. Ferry, Emelin e 0. Ferry, Joseph E. Otis and the trustees of the Presbyterian Theological Seminary of the Horthwest. The petition alleges, in substance, that on the 26th day of August, 1882, the petitioner entered into a written contract with Aaron D. Ferry to furnish the materials and labor and erect a frame building on Fullerton avenue, according to certain plans and specifications; said building to be completed by…
1Opinion of the CourtBailey, P. J.
It is urged that the decree is erroneous because of the failure of the petitioner to make the heirs of Aaron D. Ferry parties defendant. We see no ground, however, for holding that they were necessary parties. The title to the property affected by the decree was in Ferry’s wife, and, so far as appears, there was no interest or estate in him beyond his inchoate right of dower. That right was extinguished by his death and passed no interest to his heirs.
JSTor were he or his heirs necessary parties because of Ferry being one of the parties to the contract under which the Jien was sought to be…
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