Lomax v. Dore
Illinois Supreme Court
Writ of Error to the Circuit Court of Iroquois county; the Hon. Charles It. Starr, Judge, presiding. This was a bill in chancery, filed in the Circuit Court of Iroquois county, by the defendants in error, Satchel C. Dore and Allen Breed, against the plaintiffs in error, Presley T. Lomax and Samuel Gray, under the 20th section of the mechanic’s lien law, to determine the rights of the defendants in error, as purchasers of certain premises, under a decree rendered in their…
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Writ of Error to the Circuit Court of Iroquois county; the Hon. Charles It. Starr, Judge, presiding. This was a bill in chancery, filed in the Circuit Court of Iroquois county, by the defendants in error, Satchel C. Dore and Allen Breed, against the plaintiffs in error, Presley T. Lomax and Samuel Gray, under the 20th section of the mechanic’s lien law, to determine the rights of the defendants in error, as purchasers of certain premises, under a decree rendered in their favor, against one William J. Brown, in a proceeding to enforce a mechanic’s lien, the same having been purchased by one of…
1Opinion of the CourtChief Justice Breese
It has been repeatedly decided by this court, that a proceeding to enforce a mechanic’s lien is a chancery proceeding, and governed by the rules which apply to them, consequently all persons interested in the property should be made parties to the proceeding.
In this case, Brown was the sole defendant, while the record of deeds of the county where the premises were situated, showed that the legal title was in another in trust for others, Brown having only an equity of redemption. This trustee and the eestuie que trust should have been made parties, and the demurrer reached this objection.…
2Cases cited1 opinion
- Williams v. ChapmanIllinois Supreme Court · 1856
3Cited by1 opinion
- Bayard v. McGrawAppellate Court of Illinois · 1878