Reports of Cases Determined in the Supreme Court of the State of Illinois 26 (April Term, 1861, And January Term, 1862)
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any person procuring work to be done or materials furnished on property in which he has an estate for life, or any other estate less than a fee simple, or if the land at the time is under mortgage or other incumbrance, he shall be deemed the owner within the meaning of the statute, to the extent of his right and interest in the premises. And that a mechanic's or ma- terial man's lien shall bind the interest and estate of such person in the same manner as a mortgage. It gives to the lien credito...r the right to have the right of redemption, or other right or estate and interest, in the land at the time of making the contract out of which the lien proceeds, sold, and the proceeds applied according to the provisions of the act. It is contended, that as improvements made by the mortgagor are primarily liable to the mortgage debt, and cannot be di- verted from its payment without consent, that the mechanic or material man, under this section, acquires his lien upon the improvements or materials, subordinate to the superior lien of the mortgagee, as upon the land.
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