McLaren v. International Real Estate & Improvement Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Walter B. Douglas, Judge. (1) A purchaser of a house, under1 an execution issued on a mechanic’s lieii judgment, acquires a title to the house, superior to that of a purchaser under a foreclosure of a deed of trust placed on the land before the erecting of the building was commenced. Investment Co. v. Haseltine, 53 Mo. App. 308.. And can maintain replevin therefor.
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Appeal from St. Louis City Circuit Court. — Hon. Walter B. Douglas, Judge. (1) A purchaser of a house, under1 an execution issued on a mechanic’s lieii judgment, acquires a title to the house, superior to that of a purchaser under a foreclosure of a deed of trust placed on the land before the erecting of the building was commenced. Investment Co. v. Haseltine, 53 Mo. App. 308.. And can maintain replevin therefor. Seidel v. Cornwell, 166 Mo. 51. (2) The doctrine of res ad judicata does not apply in this case. Stone Co. v. Wall, 108 Mo. App. 495; Williams v. Kline, 77 Mo. App-. 36; Hope v.…
1Opinion of the CourtBland, P. J.
(after stating the facts). — Under the provisions of section 4205, Revised Statutes 1899, a mechanic’s lien attaches “to the buildings, erections or improvements for which they (the materials were furnished or the work was done, in preference to any prior lien or encumbrance or mortgage upon the land upon which said buildings, erection, improvements or machinery have been erected or put,” etc. The section further provides that “any person enforcing such lien may have such building,” etc., “sold under execution, and the purchaser may remove the same within a reasonable time thereafter.”
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2Cases cited12 opinions
- Windsor v. McVeighSupreme Court of the United States · 1876
- Adams v. CowlesSupreme Court of Missouri · 1888
- Coe v. RitterSupreme Court of Missouri · 1885
- Hassall v. WilcoxSupreme Court of the United States · 1889
- Russell v. GrantSupreme Court of Missouri · 1894
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3Cited by3 opinions
- Trout's Investments, Inc. v. DavisMissouri Court of Appeals · 1972
- Redlon v. Badger Lumber Co.Missouri Court of Appeals · 1916
- Brady v. KirbyMissouri Court of Appeals · 1929