Oster v. Rabeneau
Supreme Court of Missouri
tñpjieal from St. Louis Circuit Court. I. The quantity of land in' a city, town, or village is not confined to one acre. (See Wagn. Stat. 909, § 1; Houck on Liens,1 178, § 178 ; Derrick v. Edward, S. Dutch. 45.) H. But if the law is held to be different, and the lien is held to extend only to one acre, the lien is not for that reason vitiated. ’ HI.
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tñpjieal from St. Louis Circuit Court. I. The quantity of land in' a city, town, or village is not confined to one acre. (See Wagn. Stat. 909, § 1; Houck on Liens,1 178, § 178 ; Derrick v. Edward, S. Dutch. 45.) H. But if the law is held to be different, and the lien is held to extend only to one acre, the lien is not for that reason vitiated. ’ HI. The court is the proper party to say what particular acre should be subjected to the lien, and may for that purpose order á survey of the land by commissioners and stake off the one acre. (Tibbits v. Moore, 23 Cal. 208.) The statute itself only…
1Opinion of the CourtCurbier, Judge
The only question requiring attention in this causo relates to tho validity of the mechanic’s lien herein sought to bo enforced.
October 14, 1868, the plaintiff filed in the office of the cleric of the St. Louis Circuit Court a statement of his demand and a description of the premises sought thereby to be charged with a lien. The description was as follows: “Apiece of ground in McRae’s addition to the city of St. Louis, county and State *597aforesaid, and being block No. 20 of said addition, a plat whereof is recorded in plat book No. 7, on page 7, in the recorder’s office of said county, which…
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