Bradley v. Simpson

• Decision Date: 30 September 1879
• Citation: 1879 WL 8584,93 Ill. 93
• Parties: LYDIA BRADLEYv.JOHN M. SIMPSON et al.
• Court: Illinois Supreme Court

93 Ill. 93

1879 WL 8584 (Ill.)

LYDIA BRADLEY

v.JOHN M. SIMPSON et al.

Supreme Court of Illinois.

September Term, 1879.

APPEAL from the Appellate Court of the Second District; the Hon. NATHANIEL J. PILLSBURY, presiding Justice, and Hon. GEO. W. PLEASANTS and Hon. LYMAN LACEY, Justices.

Messrs. JOHNSON & FOSTER, for the appellant.

Messrs. ROBINSON & WORTHINGTON, for the appellees.

Mr. JUSTICE SHELDON delivered the opinion of the Court:

The only question here is in regard to the distribution of the proceeds of a sale had under a decree in a mechanic's lien proceeding, as between the appellant, Lydia Bradley, and the lien holders named in the decree.

It was stipulated in the case that the premises were worth the sum of $3200 at the time the several mechanics commenced the erection of the building thereon, and that the mechanics enhanced the value of the premises by reason of their labor and materials furnished in the erection of the building to the amount of $6292. The net proceeds of the sale were $3338.91.

The appellant was a prior mortgagee of the premises before there was any contract made with the mechanics in respect to the building.

The amount found due upon appellant's mortgages at the time of the decree was $5657.

The circuit court found and adjudged that appellant was entitled to such proportion of the net proceeds of the sale that the value of the property before the improvements were put upon it bore to the total value of the property after the improvements were made, that is, that she was entitled to 3200/9492 of $3338.91, being the sum of $1125.63.

The provision of the statute bearing upon the question is section 17 of the act in relation to Liens, Rev. Stat. 1874, p. 667, as follows: “No incumbrance upon land, created before or after the making of a contract under the provisions of this act, shall operate upon the building erected, or materials furnished, until the lien in favor of the person doing the work or furnishing the materials shall have been satisfied; and upon questions arising between previous incumbrances and creditors, the previous incumbrance shall be preferred to the extent of the value of the land at the time of making the contract, and the court shall ascertain, by jury or otherwise, as the case may require, what proportion of the proceeds of any sale shall be paid to the several parties in interest.”

The claim of appellant is, that to the extent of $3200, that being the stipulated value of the premises prior to the accruing of the mechanic's liens, her two prior mortgages should have been preferred as against the mechanic's liens, and that she is entitled to receive out of the proceeds of the sale said sum of $3200.

This would be making the incumbrance operate upon the building, and allow to it, substantially, the entire benefit of the building, as the whole net proceeds of both the lots and building together are only $3338.91. This would be in direct contravention of the provision of the...