Legal Opinion

De Witt v. Smith

Supreme Court of Missouri

Decided October 15, 1876PublishedCited by 58 opinions

Appeal from Jackson Circuit Court. The amended statute requires a true description of the property, or so near as to identify the same. (Wagn. Stat. 909, § 5.) In Williams vs. Porter (51 Mo. 441), it was a legal impossibility to enforce the lien, because there was no “attempt to describe the acre of land intended to be covered by the lien.” No judgment could have been rendered, as no acre had been named to which the lien could attach.

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Appeal from Jackson Circuit Court. The amended statute requires a true description of the property, or so near as to identify the same. (Wagn. Stat. 909, § 5.) In Williams vs. Porter (51 Mo. 441), it was a legal impossibility to enforce the lien, because there was no “attempt to describe the acre of land intended to be covered by the lien.” No judgment could have been rendered, as no acre had been named to which the lien could attach. In Matlack vs. Lare (32 Mo. 262) there was the same difficulty. In the case at bar the petition asks the enforcement of the lien against lots 19 and 20 in block…

1Opinion of the Court

Wagner Judge,

delivered the opinion of the court.

This was an action for the enforcement of a mechanic’s lien, and was tried in the court below upon an agreed statement of facts.

*265It appears that Schell, the defendant, was the owner of lots 19 and 20, in block 20 of Ashburn’s addition to the city of Kansas, and that he contracted with one Smith to build upon one end of said lots a three story brick building.

Plaintiffs furnished the brick for the building, and the contractor Smith being indebted to them therefor in the sum of $281.00, they gave notice- to the defendant of the demand, properly and…

2Cases cited2 opinions

  1. Matlack v. LareSupreme Court of Missouri · 1862
  2. Bunce v. BeckSupreme Court of Missouri · 1870

3Cited by58 opinions

  1. Hooven, Owens & Rentschler, Co. v. John Featherstone's SonsCourt of Appeals for the Eighth Circuit · 1901
  2. Henry & Coatsworth Co. v. EvansSupreme Court of Missouri · 1888
  3. Cary Hardware Co. v. McCartyColorado Court of Appeals · 1897
  4. Kezartee v. Marks & Co.Oregon Supreme Court · 1888
  5. Hertel Electric Company v. GabrielMissouri Court of Appeals · 1956

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