Legal Opinion

Vanderpoel v. Knight

Appellate Court of Illinois

Decided July 2, 1902PublishedCited by 1 opinion

Foreclosure of a Trust Deed.—Appeal from the Circuit Court of Cook County; the Hon. Charles G. Neely, Judge presiding.

1Opinion of the CourtJustice Waterman

The testimony clearly shows that appellants had, in consideration of money and notes received by them, released their lien, and that the decree entered in their favor was properly set aside.

Whether the Olivet Baptist Church is indebted to appellants is a question not presented to this court. It by no means follows that if the church is indebted, as appellants claim, they are entitled to a mechanic’s lien upon its property. The lien claimed would affect not only the church, but other parties against whom appellants have no claim. A court of chancery will not hesitate to set aside a decree…

2Cases cited3 opinions

  1. Cook v. HealdIllinois Supreme Court · 1859
  2. Simon v. BlocksAppellate Court of Illinois · 1885
  3. M. J. Fitch Paper Co. v. McDonaldAppellate Court of Illinois · 1900

3Cited by1 opinion

  1. Provost v. ShirkIllinois Supreme Court · 1906

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