sale, to pay the full amount adjudged to be due to said plaintiff, then the said sheriff shall specify the amount of such deficiency in his report of sale that upon the confirmation of such sale, judgment may be rendered against the defendant, Richard Roe, who is legally liable to pay the same, in favor of said plaintiff for the amount of such deficiency, and that execution may issue thereon.1

And it is further ordered and adjudged that, after the filing of said report of sale and the confirmation thereof, the defendant, and all persons claiming under him, be and they are, and each of them is, hereby forever barred and foreclosed of all right, title, interest and equity of redemption in and to said premises so sold, or any part thereof.

The following is a description of the premises herein before mentioned and upon which said lien is (or several liens are) established, to wit: (Here describe the premises as in the complaint).

Dated (continuing and concluding as in Form No. 11885).

bb. WHERE MORE THAN ONE CLAIMANT.

Form No. 13772.3

(Commencing as in Form No. 13771, and continuing down to *) to the plaintiff John Doe the sum of nine hundred dollars, with interest thereon from the tenth day of April, a. D. 1899, and that there is due and owing from the defendant Richard Roe to the plaintiff Nathan Hale the sum of five hundred dollars, with interest thereon from the tenth day of April, A. D. 1899, and whereby it is further determined that said sums, together with the costs of this action, constitute a lien upon the building and the premises described in the complaint, and in the several petitions for lien, filed herein, and that said building and premises and all the right, title and interest which the defendant Richard Roe had in and to said premises from and after the date of the commencement of the construction (or repairs) of (or work upon) said building and premises upon which said several liens are claimed, to wit: from and after the first day of January, A. D. 1899, or which said defendant, or any and all persons claiming under him, since acquired therein, may be sold pursuant to law.

Now, therefore, on motion of Jeremiah Mason, attorney for the plaintiffs, it is now here ordered and adjudged by this court that plaintiffs do have and recover of Richard Roe, the defendant, the sum of ninety dollars for costs and disbursements of this action, and that the plaintiff John Doe do have and recover of said defendant the said sum of nine hundred dollars, and that the plaintiff Nathan Hale also do have and recover from the said defendant the said sum of five hundred dollars, and that the aforesaid several sums are a lien, under chapter 143 of

1. Deficiency Judgment. See Wis. Stat. (1898), § 3326. An order that on the coming in of the report of sale judgment be rendered for the deficiency against the defendant personally may be rendered on the prayer for general

relief without any special demand therefor in the complaint. Edleman v. Kidd, 65 Wis. 18; Huse v. Washburn, 59 Wis. 414.

2. See supra, Form No. 13771, and notes thereto.

the statutes of 1898 upon the building and premises and upon all the right, title and interest which the defendant Richard Roe had in and to said premises hereinafter described, from and after the date of the commencement of the construction (or repairs) of (or work upon) said building and premises upon which said several liens are claimed, to wit: from and after the first day of January, A. D. 1899, or which said defendant or any and all persons claiming under him since acquired therein.

And it is further ordered and adjudged that the aforesaid building and premises and all the aforesaid right, title and interest of the said defendant or of any person claiming under him in and to the premises hereinafter described (or so much thereof as may be necessary to satisfy the several amounts herein before adjudged to the said several lien claimants, together with the costs of this action, costs of filing said claims for liens and costs of sale, and which may be sold separately without injury to or to the advantage of the parties interested) be sold at public auction by or under the direction of the sheriff of the county of Dane; that said sheriff give public notice of the time and place of such sale, in the manner provided by law for the sale of real estate on execution; that he make, execute and deliver to the purchaser or purchasers, on compliance with the terms of such sale, a deed, or deeds, of the premises so sold, setting forth each tract or parcel of the lands or lots so sold, and the sum paid therefor; that out of the moneys arising from such sale, after deducting the amount of his fees and expenses of such sale, the said sheriff pay to the aforesaid plaintiffs, or to their attorney, the aforesaid sum of ninety dollars for costs of this action, and that he then pay to the several claimants, whose liens are herein established and adjudged, equally and alike, without priority among themselves, the several sums so as aforesaid to them adjudged respectively, take receipts therefor, and file them with his report of sale; that he deposit the surplus money (if any there be) arising from such sale with the clerk of this court, to abide the further order of this court; that he make a report of such sale, and file the same with the clerk of this court within ten days from the date of such sale.

And it is further ordered and adjudged that if the proceeds of such sale be insufficient, after paying the costs of this action and of the sale as aforesaid, to pay the full amount herein adjudged to the said several claimants, then the said sheriff shall distribute the residue proceeds of said sale, and pay to each of the said several claimants whose liens have been established and adjudged herein, in the proportion which the sum adjudged to each bears to the whole amount adjudged to all, and that the said sheriff specify the amounts of the deficiencies on the several amounts herein adjudged to the said several claimants, and that upon the confirmation of such sale, judgment may be rendered against the defendant Richard Roe, who is legally liable to pay the same, in favor of the said several claimants, for the several amounts so as aforesaid reported to be deficient, and that execution may issue thereon respectively.

And it is further ordered and adjudged that after the filing of said report of sale (continuing and concluding as in Form No. 13771).

(c) Upon Verdict of Jury.

Form No. 13773.1

(Precedent in Lewis v. Rose, 82 Ill. 576.)3

William G. Melville

V.

Taylor S. Graham and Simeon E. Lewis.

Petition for mechanic's lien.

This cause having been tried at the last term of this court by a jury, who found a verdict for the plaintiff, against the said defendant Graham, for the sum of $1120.25, and the said cause having been continued to this term, and the court having heard further testimony as to the interest of said parties in said lot in said petition described, it is ordered by the court that judgment be entered upon the verdict of the jury herein,3 and that said plaintiff have and recover of and from the said defendant Taylor S. Graham the said sum of $1120.25 so as aforesaid assessed by the jury, together with his costs in that behalf expended. It is further ordered by the court that, in case said defendant Graham or Lewis fails to pay the said judgment and costs within thirty days from this date, a special writ of execution shall issue against the lot of land described in the said petition, towit: lot eight (8) in block number two (2) in the town of Dunleith, in the county of Jo Daviess, in the State of Illinois, and that the said lot and house thereon be sold by the sheriff, and that the sheriff have the moneys received from said sale in this court at the next term thereof, to await the further order of this court as to the distribution thereof, and that this cause be continued to the next term of this court.

Form No. 13774.*

(Commencing as in Form No. 11866, and continuing down to *) that they find for the plaintiff, and that they assess the damages of said plaintiff at the sum of five hundred dollars. And thereupon it is ordered by the court that judgment final be entered in favor of said plaintiff and against said defendant as follows, to wit: That judgment final for the sum of five hundred dollars damages, as assessed by the jury aforesaid, with costs to be taxed, be entered in favor of the said plaintiff and against said defendant, both as builder and owner, and especially to be made of the lands and buildings in said declaration described.

Therefore, it is considered that the said plaintiff do recover against the said defendant both as builder and owner, the said sum of five hundred dollars, his damages by the jurors aforesaid in form aforesaid assessed, and also the sum of thirty dollars for his costs and charges by the said court before the justices thereof now here

1. Illinois. - Starr & C. Anno. Stat. (1896), c. 82, par. 13 et seq.

See also, generally, supra, note 4, P. 250.

2. This judgment was affirmed, the supreme court finding no error in the record.

the court or by a jury under the direction of the court, as the court may direct or the parties agree. Starr & C. Anno. Stat. Ill. (1896), c. 82, par. 13. 4. New Jersey. - Laws (1898), c. 226, 24.

See also, generally, supra, note 4,

3. Jury Trial. The trial shall be by p. 250.

adjudged of increase to the said plaintiff and with his assent, which said damages, costs and charges in the whole amount to the sum of five hundred and thirty dollars, and that said damages, costs and charges be made of the lands and buildings in said declaration and lien claim described. And the said defendant in mercy, etc. (Conclusion as in Form No. 11866.)

(2) BY JUSTICE OF THE PEACE.

Form No. 13775.

(Commencing as in Form No. 11898, and continuing down to *) and the testimony of the witnesses, and all the evidence being heard, it is considered by the court that the said plaintiff, John Doe, recover of and from the defendant, Richard Roe, the sum of one hundred and eighty dollars, with legal interest thereon from this date, together with all costs of suit, and that execution issue therefor. And it is further considered by the said court that the following property, situate in said county of De Soto, to wit, (describing it) or so much thereof as may be necessary to satisfy the aforesaid judgment and costs, be sold, and that special execution issue therefor.

j. Order of Sale.'

(1) UNDER JUDGMENT ON SINGLE LIEN.

Form No. 13776.3

(Venue, title of court and address as in Form No. 8871.)

Whereas, on the tenth day of June, A. D. 1899, in a certain civil action, in which John Doe was plaintiff * and Richard Roe was defendant, then pending in the District Court of Wabaunsee county, in the state of Kansas, the said plaintiff, by consideration of said court, duly recovered against the said defendant Richard Roe a judgment for the sum of two thousand dollars, debt and accrued interest thereon, and for thirty dollars costs in said action; which judgment provided that the amount thereof should bear interest at the rate of six per cent. per annum from the said date of its rendition until satisfied; and, Whereas, said court by said judgment further adjudged the said sum to be a lien upon the premises hereinafter described, by virtue of a certain mechanic's lien set up and alleged by said plaintiff in said action, and the said court did, therefore, order that unless the amount so found due and the said costs should be paid within sixty days from the said date of the rendition of said judgment, the said premises should be sold to satisfy the said judgment and costs, and that an order of sale should be issued to that end; and,

1. Mississippi. - Anno. Code (1892), 2707. And see Miss. Anno. Code (1892), § 2713.

2. Requisites of Order of Sale - Generally. For the formal parts of an order of sale in a particular jurisdiction see the title EXECUTIONS AGAINST PROPERTY, vol. 8, p. 1.

Order of sale must include both building and land on which it stands. Early v. Burt, 68 Iowa 716.

3. Kansas. - Gen. Stat. (1897), c. 96, § 29.

See also list of statutes cited supra, note 1, p. 172.

Whereas, though said period has elapsed, the said judgment and costs remain wholly unpaid and undischarged:

Now, therefore, these are to command you to proceed to appraise, advertise and sell, according to law, in pursuance and for the satisfaction of said judgment, the following described lands and tenements, situate in the said county of Wabaunsee, in the state of Kansas, to wit: lots numbered nineteen (19) and twenty (20) of block five (5) in the town of Huntington, in the county of Wabaunsee, in said state of Kansas, and the two-story frame building thereon, together with all hereditaments and appurtenances thereto belonging or in anywise appertaining. And from the proceeds of said sale to pay, first, the costs of said appraisement, advertisement and sale, and of this order; then the said judgment and costs; and to pay to the said defendant Richard Roe the surplus, if any, remaining from said proceeds.

You will make due return of this writ, with your proceedings thereunder indorsed thereon, showing the manner (continuing and concluding as in Form No. 8871).

(2) UNDER JUDGMENT ON SEVERAL LIENS.

Form No. 13777.1

(Commencing as in Form No. 13776, and continuing down to *) and Richard Roe, Samuel Short and William West were defendants, then pending in the District Court of Cowley county, in the state of Kansas, by consideration of said court, the said plaintiff recovered against the said defendant Richard Roe a judgment for the sum of two thousand dollars debt and accrued interest, and also, by consideration of said court, judgments were rendered in said action against the said defendant Richard Roe in favor of the co-defendants in said action, and for the sums respectively for debts and accrued interest, and to bear interest from the date of said judgments till satisfied, at the rates respectively shown in the schedule below;

And whereas, said court further by said judgments adjudged that said judgment-sums respectively were, by virtue of documents, respectively named in said schedule, liens upon the premises hereinafter described, said liens having priority in the order indicated in said schedule, to wit: