Legal Opinion

Donaldson v. Holmes

Illinois Supreme Court

Decided November 15, 1859PublishedCited by 10 opinions

This was a petition for a mechanics’ lien, filed by Holmes and Wickwire, at the April term of the Pulaski Circuit Court, 1859, against John Donaldson, and praying that the Emporium Company might also be made a party defendant to said petition.

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This was a petition for a mechanics’ lien, filed by Holmes and Wickwire, at the April term of the Pulaski Circuit Court, 1859, against John Donaldson, and praying that the Emporium Company might also be made a party defendant to said petition. The plaintiffs proved that Donaldson entered into a written agreement with them, on or about the 27th of April, 1857, by which he was to pay them $1,000 for furnishing materials and erecting a frame house, of certain dimensions, on a certain lot of ground in Mound City; $25 was to be paid down, which was done, and $500 in six months, and the balance on…

1Opinion of the CourtBreese, J.

At the time the contract set out in the record in this case was' entered into, for the erection and completion of the building on the lot therein described, Donaldson had an equitable title to the lot in virtue of his certificate of purchase from the Emporium Company, in whom the fee resided. Under the seventeenth section-of ch. 65, (Scates’ Comp. 158), he is to be considered the owner within the meaning of that chapter, to the extent of his right and interest in the premises. Donaldson held such an interest until the work was completed by the contractors for building, and did not forfeit his…

2Cases cited2 opinions

  1. Wendell v. Van RensselaerNew York Court of Chancery · 1815
  2. Storrs v. BarkerNew York Court of Chancery · 1822

3Cited by10 opinions

  1. Williams v. Uncompahgre Canal Co.Supreme Court of Colorado · 1889
  2. Ellis v. SimpsonSupreme Court of Iowa · 1925
  3. National Bank v. WilliamsSupreme Court of Florida · 1896
  4. Rothgerber v. DupuyIllinois Supreme Court · 1872
  5. Nonotuck Silk Co. v. LevyAppellate Court of Illinois · 1898

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