Mills v. Heeney
| Decision Date | 30 April 1864 |
| Citation | 1864 WL 3039,35 Ill. 173 |
| Parties | JOHN B. MILLSv.BERNARD HEENEY et al. |
| Court | Illinois Supreme Court |
ERROR to Superior Court of Chicago.
Petition filed in the court below by Bernard Heeney and others against John B. Mills for the enforcement of a mechanic's lien, wherein the amount for which a lien was claimed, was stated to be the sum of $535.20.
The court below by its decree established a lien for the sum of $649.10, and, in default of payment thereof within ten days from the date thereof, decreed a sale of the premises for its satisfaction.
The questions raised upon error sufficiently appear from the opinion.
Knox & Read, for plaintiff in error.Farwell & Smith, for defendants in error.
An established rule of practice in this state requires decrees in chancery, directing the sale of real estate for the nonpayment of money, to give at least ninety days for its payment where there is no right of redemption from the sale. 24 Ill., 551; 27 id.,. 497; id., 23; 28 id., 457.
A decree in a suit to enforce a mechanic's lien should not be rendered for a larger sum than is claimed by the petition, and interest from the time it was filed, where it asserts no claim for interest. 29 Ill., 500; 17 How., 17. In other respects the decree of the court below was correct. It will be reversed and the cause remanded.
Decree reversed.
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