Legal Opinion

Dubois' Administrator v. Wilson's Trustee

Supreme Court of Missouri

Decided March 15, 1855PublishedCited by 12 opinions

tdppeal from St. Louis Circuit Court. Scire facias upon a mechanic’s lien. The following were the facts: One Bocker, being the owner of the property in August, 1849, commenced a building thereon, and on the 28d oE November, 1849, the building being then incomplete and in progress of erection, executed a deed of trust thereon under which the defendant acquired title in December, 1850. On the 26th of August, 1850, Dubois filed a lien against the premises on an account for…

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tdppeal from St. Louis Circuit Court. Scire facias upon a mechanic’s lien. The following were the facts: One Bocker, being the owner of the property in August, 1849, commenced a building thereon, and on the 28d oE November, 1849, the building being then incomplete and in progress of erection, executed a deed of trust thereon under which the defendant acquired title in December, 1850. On the 26th of August, 1850, Dubois filed a lien against the premises on an account for materials furnished to the owner for carpenter’s work upon the building, the first item of which was dated January 15, 1850,…

1Opinion of the CourtLeonard, Judge

The plaintiff had judgment here for the amount of a lien claimed against a building in St. Louis, for materials furnished under a contract with the owner, and the defendant claimed the property by purchase after the materials had been put into the building, under a deed of trust given by the owner after the commencement of the building, but before the materials were furnished, and the question was, whether the lien could be enforced against the property in the hands of this purchaser.

By the 6th section of the St. Louis mechanics’ lien act, of February, 1843, the legislature have declared that…

2Cited by12 opinions

  1. Schroeter Bros. Hardware Co. v. Croatian "Sokol" Gymnastic Ass'nSupreme Court of Missouri · 1933
  2. Kay v. TowsleyMichigan Supreme Court · 1897
  3. Page v. BettesMissouri Court of Appeals · 1885
  4. Schaeffer v. LohmanSupreme Court of Missouri · 1863
  5. Haxtun Steam Heater Co. v. GordonNorth Dakota Supreme Court · 1891

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