cited, where the complaining witnesses were under the age of consent, the facts are so different as not to be in any way controlling in this case.

We find no reversible error in the record. The judgment of the criminal court will be affirmed.

Judgment affirmed.

(No. 12767.-Reversed and remanded.)

THE PITTSBURGH PLATE GLASS COMPANY et al. Defendants in Error, vs. HENRY P. KRANSZ et al. Plaintiffs in Error.

Opinion filed December 17, 1919–Rehearing denied Feb. 4, 1920.

1. MECHANICS' LIENS-when Supreme Court has jurisdiction although liens do not exceed $1000. In a proceeding for the appointment of a receiver to settle mechanics' liens, although neither of the liens decreed exceeds $1000, the Supreme Court has jurisdiction, where the decree fixes the priority of the liens over certain trust deeds given to secure a building loan and decrees the foreclosure of the trust deeds.

2. SAME-liens of sub-contractors are created by statute. Although the liens of sub-contractors exist by virtue of contracts between the owners and the original contractors which contain no provisions against liens, the liens themselves are created by statute.

3. SAME bankruptcy of original contractors does not defeat liens of sub-contractors. Where sub-contractors have given notice of their liens within the time required by statute the liens are not defeated by the bankruptcy of the original contractors before the giving of the notices, as such liens exist from the date of the original contract and not from the date of the notice, though notice must be given to complete or preserve the lien.

4. SAME-Court may appoint receiver to complete building and make trust deed a first lien. In a proceeding for the settlement of mechanics' liens where the building has not been completed, the court may appoint a receiver with power to borrow money to complete the building if it is for the best interests of all parties and to give a trust deed which shall be a first lien; and where such order is entered the court cannot, after hearing the master's report and after the money has been borrowed, make said trust deed subject to the mechanics' liens.

5. MORTGAGES-when a failure of consideration may be set up against assignee of trust deed. A person buying a mortgage takes it subject to all the infirmities to which it is liable in the hands of the mortgagee, and where a trust deed is given to one of the contractors to secure a building loan to complete the building, the abandonment of the work by the contractor is a failure of consideration, which may be set up in equity against the foreclosure of the trust deed by an assignee thereof.

WRIT OF ERROR to the Appellate Court for the First District;-heard in that court on appeal from the Circuit Court of Cook county; the Hon. OSCAR M. TORRISON, Judge, presiding.

VINCENT D. WYMAN, HARRY C. KINNE, CHARLES E. CARPENTER, and CHARLES C. BODENSTAB, for plaintiffs in

error.

GUSTAV E. BEERLY, G. A. BURESH, ALBERT N. CHARLES, and REUEL H. GRUNEWALD, for defendants in error.

Mr. JUSTICE FARMER delivered the opinion of the court: This case comes to this court on petition for certiorari to review a judgment of the Appellate Court for the First District affirming a decree of the circuit court.

Rudolph J. Boss and Margaret, his wife, owned two lots in the city of Chicago, and on January 15, 1916, executed to Henry P. Kransz notes and a trust deed for the purpose of procuring what is called a building loan of $7500 to erect a building upon one of the lots. On March 16, 1916, they entered into a written contract with Huberty & Loheinrich, co-partners and contractors, for the erection of a building. on lot 8 for the sum of $10,500. Huberty & Loheinrich made contracts with the Pittsburgh Plate Glass Company, Fred J. Bohn, the Kemler Lumber Company and Edward Henry for labor and material in the construction of the building. The last dates for performance of the sub-contracts were: The Pittsburgh Plate Glass Company June 23, Edward Henry July 7, Fred J. Bohn July 18, and the Kemler Lumber Company June 30.

The sub-contracts were completed and statutory notices for claims for liens given by the sub-contractors on August 14, July 15, September 14 and July 13, respectively. April 12, 1916, the owners of the property executed other notes in the sum of $2200, and secured them by a trust deed on the property, to Mathias Huberty, trustee. The trust deed to Henry P. Kransz of January 15, 1916, was recorded April 18, 1916, and the trust deed of April 12, 1916, to Mathias Huberty was recorded May 4, 1916. The first money advanced on the Kransz loan was $88.40 on April 21, 1916, and $2197.55 on May 3. Huberty & Loheinrich failed to complete the building and were adjudged bankrupts July 12, 1916. On October 18, 1916, the Pittsburgh Plate Glass Company filed its bill in the circuit court of Cook county to enforce its lien for $84.75 against the property. The owners of the property, the contractors, Henry P. Kransz, the unknown owners of the notes secured by the trust deeds of January 15 and April 12, 1916, and the unknown claimants of or to said property were made defendants. The Kemler Lumber Company filed an intervening petition claiming a lien for $1100. Edward Henry filed an intervening petition claiming a lien for $670. Fred J. Bohn filed an intervening petition claiming a lien for $816.58. All these amounts were alleged to be for labor and material furnished in the construction of the building.

Henry P. Kransz answered the bill, alleging he owned the notes, amounting to $7500, secured by trust deed executed by the owners of the property, and that the same was a first lien on the property and prior to any rights or interests of the lien claimants. He also filed a cross-bill to foreclose his trust deed. In his cross-bill he alleged his trust deed was a first lien on the property; that on July 12, 1916, and previous to the service of notice of liens by the lien claimants, Huberty & Loheinrich had been adjudged bankrupts in the district court for the northern district of Illinois; that the building had been abandoned by them;

that it was uncompleted, untenantable and exposed to the elements. The cross-bill alleged it would cost $3500 to complete the building, and that unless a receiver was appointed with power to secure a loan and make it a first lien on the premises for the purpose of completing the building it would become practically worthless. In an amendment to the cross-bill it was alleged the building in its then condition was worth about $8000; that mechanics' lien claims had been filed amounting to $4000; that Walter M. Inman claimed a second mortgage of $2200; that the value of the building when completed would be approximately $12,500, and that the owners of it were insolvent. Inman and the Lincoln Mill Company were made additional parties defendant. Inman filed an answer claiming he owned notes amounting to $2200, executed April 12, 1916, secured by a trust deed of the same date to Mathias Huberty upon the property and recorded May 4, 1916. He also filed a cross-bill to foreclose the trust deed. The lien claimants above mentioned answered the cross-bills, denying priority of the trust deeds over the liens of the respective claimants. Rudolph J. Boss and his wife answered the Inman cross-bill, denying his trust deed was a lien, and alleging that there was no consideration for the notes purporting to be secured by it.

December 15, 1916, on motion of the cross-complainant Henry P. Kransz the circuit court entered an order appointing John L. Lukanitsch receiver, with power to take possession of the premises, complete the building, borrow money for that purpose and secure the same by receiver's certificates secured by a mortgage on the premises, which should be a first lien on the property and prior to the liens of all of the parties to said causes. The receiver qualified, borrowed $4200 to complete the building from Peter P. Kransz, executed a receiver's certificate for that sum, due in three years, and executed a receiver's trust deed. The contractors received $6000 of the Henry P. Kransz loan and Boss paid

them $800 in cash. These payments were made without regard to the protection of the liens of sub-contractors.

The cause was referred to a master in chancery to take the testimony and report his conclusions. The master reported that the defendants in error furnished labor and material in the construction of the building pursuant to contracts with the general contractors during May and June, 1916, as follows: The Kemler Lumber Company $913.87, Fred J. Bohn $816.58, Edward Henry $670, and the Pittsburgh Plate Glass Company $84.75, all of which sums were due and unpaid; that said parties had mechanics' liens of equal validity, which were first liens upon the property, and that said liens attached as of March 15, 1916. The master reported his conclusions as to the priority of the parties, and the chancellor, after overruling exceptions to the master's report, entered a decree finding that the amounts due defendants in error were first and prior liens; that the amount represented by the receiver's certificates and trust deed was a second lien; that Henry P. Kransz had a third lien and Walter M. Inman had a fourth lien on the lot and improvements. The property was directed to be sold and the proceeds of the sale distributed to the parties according to their rights as found and decreed. From that decree Henry P. Kransz, personally and as trustee, Rudolph J. Boss and Margaret, his wife, jointly and severally, prayed and were allowed an appeal to the Appellate Court. That court affirmed the decree of the circuit court, and Henry P. Kransz, Peter P. Kransz and Rudolph and Margaret Boss filed a petition in this court for a writ of certiorari.

The jurisdiction of this court to review the judgment is questioned on the ground that none of the sums decreed due the defendants in error, respectively, exceeded $1000. While the question is not free from doubt, we are disposed to hold we have jurisdiction in view of the fact that the litigation and decree fixed the priority of the claims of Peter P. Kransz, Henry P. Kransz and Walter M. Inman