Citations
- 187 Ill. App. 354
Full opinion text
Mb. Justice Scanlan
delivered the opinion of the court.
The decree in this case finds that Haagan Otterson had a mechanic’s lien on the improvements on the real estate involved herein, but that the lien was a subsequent one to that of the appellee, the State Bank of Chicago, an incumbrancer, and the only question presented by this appeal is, did the chancellor err in decreeing that the said lien of the said Otterson was a subsequent lien on the said improvements to that of the appellee 1 The appellant contends that the chancellor should have found that the lien of Otterson was a prior one on said improvements to that of the appellee.
Section 7, ch. 82, of the Bevised Statutes of Illinois (Hurd’s) page 1479 (J. & A. f[ 7145), so far as it is material to the present inquiry, reads as follows:
“No contractor shall be allowed to enforce such lien against or to the prejudice of any other creditor or incumbrancer or purchaser, unless within four months after completion, or if extra or additional work is done or material is delivered therefor within four months after the completion of such extra or additional work or the final delivery of such extra or additional material, he shall either bring suit to enforce his lien therefor or shall file with the clerk of the Circuit. Court in the county in which the building, erection or other improvement to be charged with the lien is situated, a claim for lien, verified by the affidavit of himself, or his agent or employe, which shall consist of a brief statement of the contract, the balance due after allowing all credits and a sufficiently correct description of the lot, lots or tracts of land to identify the same. Such claim for lien may be filed at any time after the contract is made, and as to the owner may be filed at any time after the contract is mad