LAWN MANOR SAV. & LOAN ASS'N v. HUKVARI

No. 78-522.

78 Ill. App.3d 531 (1979)

397 N.E.2d 247

LAWN MANOR SAVINGS AND LOAN ASSOCIATION, Plaintiff, v. JAMES HUKVARI et al., Defendants. — (DES PLAINES LUMBER AND COAL COMPANY, INC., Defendant-Appellee; GLADSTONE-NORWOOD TRUST AND SAVINGS BANK, Intervenor-Appellant.)

Appellate Court of Illinois — Second District.

Opinion filed November 20, 1979.


Attorney(s) appearing for the Case

Walsh & Fielding, of Chicago, for appellant.

DeHaan & Stronberg, of Chicago, for appellee.


Judgment affirmed.

Mr. JUSTICE LINDBERG delivered the opinion of the court:

This appeal presents the single issue of whether a lien claimant who seeks to enforce a mechanic's lien against the proceeds of a judicial sale is entitled to the contract price or is limited to enhancement value when the proceeds are sufficient to pay both the mortgagee and the lien claimant.

Plaintiff, Lawn Manor Savings and Loan Association, filed suit to foreclose a mortgage...

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