fraud or collusion between....him....and the said defendants or....either.... of them; and....has....not exhibited....his....said bill at the request of .... either....of said defendants; and further.... states....that....he has....exhibited....his....said bill with no other intent but to avoid being sued or molested by the said defendants who are proceeding or threatening to proceed at law for the recovery of the fund mentioned in said bill. AARON BRADFORD.... NOTE. Should be acknowledged before an authorized official. See No. 17. 129. Bill for Mechanics' Lien, with Statement of Claim. .... (For heading, see No. 126 or 127.) Your....orator, Frank Adams...., of the....City....of....Kankakee...., County of.... Will....and State of....Illinois...., respectfully 、represents....unto Your.. .Honors....that....he is....by occupation ....a carpenter contractor....; that on or about the....first....day of ....May....A. D....1912, Henry Tallman....of the....City....of ....Kankakee....in the County of....Will....and State of....Illinois, one....of the defendants hereinafter named, applied to your....orator.... to build for....him a three-story brick office and residence structure.... upon the premises hereinafter described; and thereupon your....orator....and the said....Henry Tallman....entered into a....written.... contract1 (with drawings and specifications attached, a true copy of which contract is hereto attached, marked "Exhibit A," and made a part hereof, as will appear by the said contract, drawings and specifications, ready to be produced in Court, upon the hearing hereof). Your....orator....further....represents....that immediately after the making of said contract, and in compliance with the terms thereof, ....he.... commenced work under the same on the following described premises, to wit: Lot....Three (3)...., Block....Four (4), Ainslee's Addition....to the ....City....of....Kankakee...., the said....Henry Tallman....being at the time, and still....is...., the....owner. .of the said premises. Your....orator....further....represents....that....he....did in compliance with the said contract, within the time specified,....build and finish....for the said....Henry Tallman....on said premises....a threestory brick building....and did furnish all the necessary materials and labor for that purpose, and did in all respects comply with the terms of 1 Where the contract is written, a copy of it should be attached as Fxhibit A. The contract and the schedule, Exhibit B, are frequently given in what is called "a Statement of Claim" (see below), which may be filed to comply with a statutory limitation where it is not desired to start suit immediately. Where this "Statement of Claim" has been filed, it is frequently attached to the bill in lieu of Exhibits A and B. A mechanics' lien is purely statutory and the statutes must be consulted carefully in drawing forms in any jurisdiction. the said contract and the specifications and drawings thereto attached, by ....him....required to be performed. Your....orator....further....represents....that in accordance with the conditions of the said contract, your....orator... on the....first....day of....August....A. D....1913...., procured from....William Peckham............, the architect and superintendent of the erection of the said building, a certificate in writing that your....orator....had completed....his....part of the said contract according to the terms and conditions thereof, which said certificate is now in the possession and control of your....orator....and ready to be produced on the hearing of this cause. Your....orator....further....represents....that immediately after the completion of the said building, to wit: on the....fifth....day of....August....A. D....1913...., the said....Henry Tallman....accepted the same and took possession thereof, and has ever since occupied the same ....as a place of business, together with certain tenants.... Your....orator....further....represents....that the said....Henry Tallman has....only paid your....orator....the sum of....Three Hundred ($300.00)....Dollars on said contract and that there is now due to your ....orator....the sum of....Fifteen Hundred ($1500.00).... Dollars from the said....Henry Tallman...., together with interest thereon from the ....first....day of....August....A. D....1913...., and your....orator attaches....hereto a schedule marked "Exhibit B," and made a part of this bill, showing the amount due your....orator....under said contract, and all payments, with the dates thereof, made by the said....Henry Tallman....to your....orator.... (Attach copy of schedule as "Exhibit B." Your....orator....further....represents....that all notices required by statute to be given, served or filed in order to establish a lien upon said premises have been given, served and filed as required by law. Your.... orator. ... further.... represents.... that.... he has.... frequently requested the said....Henry Tallman....to pay the said sum of ...Fifteen Hundred ($1500.00)...Dollars, the balance due your...orator... from....him....as aforesaid, but the said....Henry Tallman has....neglected and refused so to do; by means whereof your....orator is....entitled to a mechanics' lien upon the said premises for the amount due your ....orator....as aforesaid, under an act entitled "An Act to revise the law in relation to Mechanics' Liens," approved....May 18, 1903.. and in force....July 1, 1903.... Your....orator....further....represents....upon information and belief that....Albert Cummings and Philip Jennings have or claim....to have some interest in the said premises, as.... purchasers, mortgagees, judgment creditors, lessees. .... or otherwise, the precise nature whereof is unknown to your....orator....; but such interests, if any there be, have accrued since and are subject to the lien of your....orator....as aforesaid. Your....orator....further....shows....that within four months after completion of said contract, and on the....first....day of....October.... A. D....1913, he.... filed with the Clerk of the....Circuit....Court of said County in which said premises and improvements are situated, a claim for lien for the amount so due your....orator....as aforesaid, consisting of a statement of your....orator's....contract, the date the same was made, and when completed, the balance due after allowing all credits, a sufficiently correct description of the said real estate to identify the same, and verified by the affidavit of....himself.... Your.....orator.....further.....represents.....that the Clerk of the ....Circuit....Court of said County, when such claim for lien for the amount so due your....orator....was filed for a lien, indorsed thereon the date of such filing, to wit: the....first....day of....October....A. D. ....1913...., and made an abstract thereof in a book kept for that purpose, properly indexed, containing the....name....of your....orator.... as the....person....filing the lien, the amount of the lien, to wit:.... Fifteen Hundred ($1500.00)....Dollars, the date of filing, to wit, on the ...first....day of....October....A.D....1913...., the name of the person, to wit: the said....Henry Tallman...., against whom the lien was filed, and a description of the above described premises, charged with your....orator's....lien; as by the records of the office of the said ....Circuit....Court in that behalf, or a certified copy of the same ready to be produced in Court on the hearing of this cause, as well as by a copy thereof hereto attached and made a part of this bill, marked “Exhibit C,” will more fully appear. (Attach copy of record as "Exhibit C.") FORASMUCH, THEREFORE, As your....orator is....without remedy in the premises except in a court of equity; and to the end that the said ....Henry Tallman, Albert Cummings and Philip Jennings...., who are made parties defendant to this bill, may be required to make full, direct and perfect answer to the same, but not under oath, the answer under oath being hereby expressly waived; that an account may be taken in this behalf under the direction of this Court; that your....orator....may be decreed to be entitled to a lien upon the said premises for the amount due your ....orator....under the said contract, in pursuance of the statute in such case made and provided, and that the....defendant, Henry Tallman...., may be decreed to pay your....orator....the amount due on said contract, with interest thereon, by a short day to be fixed by the Court, and that in default of such payment the said premises may be sold as the Court may direct, to satisfy such amount, interest and costs; that in case of such sale, and a failure to redeem therefrom pursuant to law, the defendants and all persons claiming through or under them, after the commencement of this proceeding may be forever barred and foreclosed of all right or equity of redemption of the said premises; and that your....orator....may have such other and further relief in the premises as equity may require, and to Your....Honors....shall seem meet. (Conclude with prayer for process as in No. 127.) ....JOHN HAWLEY...... ..Solicitor....for. ... .Complainant... FRANK ADAMS.... STATEMENT OF CLAIM FOR A LIEN. ....I...., the undersigned, ....Henry Ward...., of....Chicago...., in the County of....Cook....and State of....Illinois...., make the following statement (under the law entitled "An Act to revise the law in relation to Mechanics' Liens," approved....May 18, 1903...., and in force....July 1, 1903)...., for a mechanics' lien for material furnished, manufactured and prepared, labor and services furnished and performed, and aver that the following described Real Estate, to-wit: .....The South (S) One-Half (2)...., Section....Four (4)...., Township....Three (3)...., Range .Six (6) East... .of the. Third....Principal Meridian in the County of....Du Page...., State of....Illinois...., now is, and at the date of the making of the contract hereinafter described, was owned by....Frank Peters.... That on the....third....day of....June....A. D....1914....said ....Frank Peters....made a....written....contract with the....claimant to build a three-story frame dwelling house....on the premises above described. That the....claimant was. .to complete the....house...., under said contract, on the....first....day of....September....A. D....1914...., and said....Frank Peters....agreed to pay the....claimant....therefor ....Twelve Hundred ($1200.00).... Dollars, final payment on the....first...... day of....September....A. D....1914.........., and that....claimant....did complete the same on the...tenth...day of...August... A. D...1914... That during said time, at the special instance and request of the said ....Frank Peters...., the....claimant....did work on said premises of the value of....Eleven Hundred Forty ($1140.00)....Dollars, as is shown by the following just and true statement thereof: all which material, labor and services so furnished, were used in and about the erection and improvement of the building on said premises, and ....affiant says...., that the first of said material, labor and service was so furnished on the....fifth....day of....June....A. D....1914...., and the last of said material, labor and service was furnished on the....tenth.... day of....August....A. D....1914.... That there is now justly due and owing to the....claimant...., from the said....Frank Peters...., for the furnishing of said material, labor and service as aforesaid, after allowing to....him....all just credits, deductions and set-offs, the sum of....Four Hundred ($400.00)....Dollars and ....Fifty....Cents, all of which is still due and unpaid. And the said....Henry Ward....now....comes and claims....a lien upon the said lands and improvements thereon, for the amount of....his.... claim, ....Four Hundred ($400.00)....Dollars and....Fifty....Cents, according to the statute in such cases made and provided. HENRY WARD.. ...Henry Ward...., being duly sworn, on oath....says...., that the foregoing statement of Claim for Lien, by....him....subscribed, is true; that the materials, labor and services therein mentioned were furnished to the said....Frank Peters....at the times and prices therein stated; that there is now due to....this affiant....the amount of money therein stated, and that the above and foregoing is a just and true statement of the material, labor and service furnished and performed as therein set forth. HENRY WARD.... NOTE. Add acknowledgment before authorized official. See No. 17. 130. Bill for Partition. (For heading, see No. 126 or 127.) Your....oratrix, Ann Baxter...., and your....orators, Bradford Baxter and Charles Baxter...., of the County of....Cook....in the State of ....Illinois. . . ., respectfully....represent... ...unto Your....Honors....that on the....third....day of....June....A. D....1912, Edward Baxter...., late of the County of....Cook....and State of....Illinois...., departed this life intestate, leaving your....oratrix, Ann Baxter, his wife...., and your....orators, Bradford Baxter and Charles Baxter, his sons, and Fannie Baxter and Helen Baxter, his daughters...., his only....children....and ....heirs....at law; that at the time of....his....death the said....Edward Baxter....was possessed and seized in fee simple of the following described real estate, to wit: Lots....Five (5), Six (6), Seven (7) and Eight (8)....of Block....Six (6), Parker's Re-Subdivision....to the ....City....of....Evanston...., and that the said....Edward Baxter.... derived title to the said premises by....a warranty deed....from....one Henry Chadman.... executed on the....third....day of....October.... A. D....1902.... And your....oratrix and orators....further....represent...., that no person or persons, other than your....oratrix and orators.. and the said ....Fannie Baxter and Helen Baxter...., have any interest in, or title to, the said described premises, or to any part thereof, in possession, remainder, reversion or otherwise. Your....oratrix and orators....further....represent....that the said ....Helen Baxter is.... ...a minor under the age of....18.... . years and that no legal guardian has been appointed for....her...., by reason whereof the said....Helen Baxter is....incompetent to join in a voluntary partition and division of said premises, and to set apart the dower of your ....oratrix....therein, or to consent to a sale thereof; and as your ....oratrix and orators are....advised, no valid division and partition, or assignment of dower, or sale of said premises can be effected without the aid or interposition of some court of competent jurisdiction. FORASMUCH, THEREFORE, as your....oratrix and orators are.... without remedy in the premises, except in a court of equity; and to the end |