Hydraulic Press Brick Co. v. Lane
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis.— Hon. Wm. M. Kinsey, Judge. (1) (a). The only service in the suit as to the holder of the first deed of trust on the other lot and building was by publication, and the suit could not be deemed commenced as to such holder until plaintiff had done all it could do to secure, and make and .complete such service by application.
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Appeal from the Circuit Court of the City of St. Louis.— Hon. Wm. M. Kinsey, Judge. (1) (a). The only service in the suit as to the holder of the first deed of trust on the other lot and building was by publication, and the suit could not be deemed commenced as to such holder until plaintiff had done all it could do to secure, and make and .complete such service by application. Sec. 1756, R. S. 1909; South Missouri Lumber Co. v. Wright, 114 Mo. 326, 333, 334; White v. Reed, 60 Mo. App. 380, 386, 387; State ex rel. v. Broaddus, 245 Mo. 137; Pitkin v. Flagg, 198 Mo. .646, 651; Secs. 1776 and…
1Opinion of the CourtReynolds, P. J.
(after stating the facts as above). It will be noticed that as there were several parties claiming to hold mechanics, or materialmen’s liens against the property, this proceeding is under the provisions of the Act of the General Assembly of our State, approved April 3, 1911 (Laws 1911, p. 314), as it has for its object the marshalling and distribution of the proceeds of the sale of the property among the parties according to their respective legal and equitable rights therein, and is to be treated as an “equitable action for the purpose of determining, establishing and enforcing the various…
2Cases cited6 opinions
- State ex rel. Evans v. BroaddusSupreme Court of Missouri · 1912
- South Missouri Lumber Co. v. WrightSupreme Court of Missouri · 1893
- Riverside Lumber Co. v. SchaferSupreme Court of Missouri · 1913
- Miller v. ConnorMissouri Court of Appeals · 1913
- Hemm v. JuedeMissouri Court of Appeals · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Peerless Supply Co. v. Industrial Plumbing & Heating Co.Supreme Court of Missouri · 1970
- Chance v. FrankeSupreme Court of Missouri · 1941
- Early v. SmallwoodSupreme Court of Missouri · 1923
- State Ex Rel. Maple v. MulloySupreme Court of Missouri · 1929