Williams v. Porter
Supreme Court of Missouri
Appeal from Johnson Circuit Court. I. A trne description of the property, or so near as to identify the same was not filed with the clerk, nor even stated in tlie petition. (Matlack vs. Lare, 32 Mo., 262.) II.
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Appeal from Johnson Circuit Court. I. A trne description of the property, or so near as to identify the same was not filed with the clerk, nor even stated in tlie petition. (Matlack vs. Lare, 32 Mo., 262.) II. Tbe petition only prays for a judgment against Porter, and for tlie amount which is alleged to be due by Porter alone, and for a lien on Gray’s bouse, and one acre, and that without describing the acre; yet the judgment, or rather decree, is jointly agaiijst both Porter and Gray — and for the sale of the house and land in the first instance. This judgment as against Gray was without…
1Opinion of the CourtAdams, Judge
This record seems to present a comedy of errors.
*442It was an action on an alleged mechanics lien by the plaintiff as sub-contractor under the defendant Porter, for a balance on the plastering of a two story house which Porter had agreed to build for Gray.
The statement filed by the plaintiff, claiming a lien on the property of Gray, Contains no such description of the proper-, ty as the statute requires. The statute, (2 W. S., 909, § 5) provides that there must be a true description of the property, or so near as to identify the same, upon which the lien is intended to apply. The description in…
2Cases cited2 opinions
- Matlack v. LareSupreme Court of Missouri · 1862
- Patrick v. AbelesSupreme Court of Missouri · 1858
3Cited by30 opinions
- Hertel Electric Company v. GabrielMissouri Court of Appeals · 1956
- Richards Brick Co. v. WrightMissouri Court of Appeals · 1935
- Arkmo Lumber Co. v. CantrellSupreme Court of Arkansas · 1923
- Ranson v. SheehanSupreme Court of Missouri · 1883
- Sawyer & Austin Lumber Co. v. ClarkSupreme Court of Missouri · 1903
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