Gardner v. Watson
Appellate Court of Illinois
Appeal from the Circuit Court of Cook county; the Hon. Thomas A. Moran, Judge, presiding. On the 26th day of November, 1873, Jamos C. Watson and William H: Morrell, the appellees, filed their petition against Freeland B. Gardner and Edward, Benjamin, George, William R., and Ann H. Man ierre, for a mechanic’s lien.
Read the full summary
Appeal from the Circuit Court of Cook county; the Hon. Thomas A. Moran, Judge, presiding. On the 26th day of November, 1873, Jamos C. Watson and William H: Morrell, the appellees, filed their petition against Freeland B. Gardner and Edward, Benjamin, George, William R., and Ann H. Man ierre, for a mechanic’s lien. The petition alleged, in substance, that said Gardner owned and held a leasehold interest in lot one, block eight, in fractional section fifteen, addition to Chicago, under a lease to him from the other defendants, who were the owners of the fee, for a term of ten years from…
1Opinion of the CourtBailey, P. J.
The defendants having pleaded in bar the limitation provided by section fifteen of the Statute of Limitations, and also that provided by section twenty-eight of the statute in relation to mechanics’ liens, the question is presented whether the case made by the pleadings and proof is one to which either of those statutes applies.
We are inclined to the opinion that the petitioners are not barred of their lien under the provisions of the general Statute of Limitations. So far as that statute is concerned, the right to enforce the lien would seem to continue until the debt itself is barred.…
2Cases cited5 opinions
- Dunphy v. RiddleIllinois Supreme Court · 1877
- McGraw v. BayardIllinois Supreme Court · 1880
- Griffith v. GriffithNew York Court of Chancery · 1841
- Hansen v. MeyerIllinois Supreme Court · 1876
- Lunt v. StephensIllinois Supreme Court · 1874
3Cited by4 opinions
- Diederich v. RoseIllinois Supreme Court · 1907
- Atlantic Dynamite Co. v. Baltimore & O. S. W. R. R.Appellate Court of Illinois · 1902
- Douglas v. DaviesAppellate Court of Illinois · 1887
- Purvis v. ShumanAppellate Court of Illinois · 1915