Squires v. Fithian's Administrator
Supreme Court of Missouri
Error to St. Louis Land Court. This was an action commenced by scire facias to enforce a mechanic’s lien upon a house and lot.
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Error to St. Louis Land Court. This was an action commenced by scire facias to enforce a mechanic’s lien upon a house and lot. The writ set forth that work was done by plaintiff and materials furnished by him under a contract with Samuel B. Eithian, the owner of the building; that Euphrosine Leitensdorfer and Josephine Colburn were owners of the lot; that the lien was filed February 3,1855, within sis months after the account accrued ; that notice was given to said owners of the lot January 25, 1855, &c. The writ issued February 13, 1855. The writ was served on Madame Leitensdorfer and…
1Opinion of the CourtNapton, Judge
This action seems to be brought upon the hypothesis that the law in this state gives a lien against the owner of a lot where the contract for building is not made with him but with a person who has no interest in the premises. The local law of St. Louis provides for the case of a lease, but there was no lease proved in this suit — nothing at best but a tenancy at will. The act of 1843 provides only for leases which may be recorded, and of course alludes to such interest as must be, under the statute of frauds, in writing. (Sess. Acts, 1843, p. 83.) It was not thought necessary, it *139may be…
2Cited by10 opinions
- General Fire Extinguisher Co. v. Schwartz Bros. CommissionSupreme Court of Missouri · 1901
- E. R. Darlington Lumber Co. v. James T. Smith Building Co.Missouri Court of Appeals · 1908
- Page v. BettesMissouri Court of Appeals · 1885
- Garnett v. BerryMissouri Court of Appeals · 1876
- Big Horn Lumber Co. v. DavisWyoming Supreme Court · 1906
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