Powers & Boyd Cornice & Roofing Co. v. Muir
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — Eon. J. W. McElkinney, Judge. (1) The mechanic’s lien claim is void because it describes and demands a lien on more than one acre of land. It should not have been received in evidence. R. S. 1899, sec. 4203; Perkins v. Boyd (Colo.), 86 Pac. 1045; Poppert v. Wright, 52 Mo.
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Appeal from St. Louis County Circuit Court. — Eon. J. W. McElkinney, Judge. (1) The mechanic’s lien claim is void because it describes and demands a lien on more than one acre of land. It should not have been received in evidence. R. S. 1899, sec. 4203; Perkins v. Boyd (Colo.), 86 Pac. 1045; Poppert v. Wright, 52 Mo. App. 576; Engleman v. Graves, 47 Mo. 348; Williams v. Porter, 51 Mo. 441; Wright v. Beardsley, 69 Mo. 548; Ranson v. Sheehan, 78 Mo. 668; Mayes v. Murphy, 93 Mo. App. 37; Lumber Co. v. Harris, 107 M'o. App. 148; Holland v. McCarty, 24 Mo. App. 82; Seibel v. Siemon, 5 Mo. App.…
1Opinion of the CourtReynolds, P. J.
(after stating the facts).— There are two questions in this case of importance, upon which its decision must turn. The first one is as to the sufficiency of the account filed in so far as setting out dates of the furnishing of the material and doing the work. As noted in the above statement, the only dates in the lien notice, which embraced the account, are February 28, 1904, as the date when the first item of labor and material was furnished, and the 20th day of December, 1904, as the date upon which the last item thereof was furnished. It will be remembered that the deed of trust was of…
2Cases cited12 opinions
- De Witt v. SmithSupreme Court of Missouri · 1876
- Ittner v. HughesSupreme Court of Missouri · 1896
- Williams v. PorterSupreme Court of Missouri · 1873
- Mitchell Planing Mill Co. v. AllisonSupreme Court of Missouri · 1897
- Ranson v. SheehanSupreme Court of Missouri · 1883
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3Cited by19 opinions
- Hertel Electric Company v. GabrielMissouri Court of Appeals · 1956
- Nevil v. WahlMissouri Court of Appeals · 1933
- Kimpton v. SpellmanSupreme Court of Missouri · 1943
- Bauer v. WhiteMissouri Court of Appeals · 1930
- Paradise Homes, Inc. v. HeltonMissouri Court of Appeals · 1981
14 more not listed; retrieve them via the Exa API.