Prior v. First Bank & Trust Co. of Mt. Vernon

Plaintiff, John Prior, d/b/a Prior Oil Company, appeals from the granting of summary judgment by the circuit court of Jefferson County in favor of defendants, Darrell, Evelyn C., Charles Eugene and Evelyn L. Davis, on plaintiff’s claim for a mechanics’ lien against their property. We reverse and remand.

Defendants are the owners of the beneficial interest of a land trust of which First Bank and Trust Co. of Mt. Vernon is the trustee. On October 23, 1987, Terry Flanagan entered into a contract for deed with trustee for the purchase of the real estate comprising the land trust in order to…