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64 Ill. App. 45

Bumgartner v. Hall

Appellate Court of Illinois

Decided December 6, 1895

Appellate Court of Illinois · decided 1895-12-06

<p>1. Decrees—What is not a Money Decree.—A decree for a mechanic’s lien in the alternative that the money be paid within a given time or the property sold, giving the owne.-s of the property the option to pay or suffer the sale to proceed, is not a personal money decree, and can not be enforced by execution or other process against the persons or general property of the defendants in the decree.</p>

Cited by 1 later decisions — most recently August 1978

1 state decisions

Relies on Gochenour v. Mowry · Phelan v. Iona Savings Bank

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1895-12-06

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Mr. Justice Boggs

¶1delivered the opinion oe the Court.

¶2A thorough examination of the testimony has convinced us the findings of the court are well sustained.

¶3To here state the proofs in' detail would be of no benefit to the litigants, counsel or the profession.

¶4The decree declaring a lien was the necessary result of the application of the law to the facts proven.

¶5Though the decree ordered and adjudged that Frank X. and Mary A. Bumgartner pay the amount for which the lien was established to the master within twenty days, yet it is not enforcible as a money decree against them or either of them.

¶6Compliance with this order could not be enforced by execution or other process against the person or general property of both or either.

¶7Non-compliance therewith had no other effect than to subject to sale the property upon which the lien existed.

¶8The decree is an alternative one, that the money be paid or the property sold, giving the owners of the property the option to pay or suffer the sale to proceed. Gochenour v. Mowry, 33 Ill. 331; Phelan v. Iona Savings Bank, 48 Ill. App. 171. Decree is affirmed.

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