Legal Opinion

Brockett Cement Co. v. Logan

Missouri Court of Appeals

Decided February 15, 1915PublishedCited by 1 opinion

Appeal from. Jackson Circuit Court. — Eon. D. E. Bird, Judge. (1) A contractor or materialman is entitled to a lien -where the contract is made with the husband, when the real estate is owned by husband and wife. He is an “owner” within the meaning of the law. Nold v., Ozenberger,. 152 Mo. App. 439; Lumber Co. v. Brad-field 153 Mo. App. 527; Westport Lumber Co. v. Harris,. 131 Mo. App. 94; Coen v. Bettman, 166 Mo.

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Appeal from. Jackson Circuit Court. — Eon. D. E. Bird, Judge. (1) A contractor or materialman is entitled to a lien -where the contract is made with the husband, when the real estate is owned by husband and wife. He is an “owner” within the meaning of the law. Nold v., Ozenberger,. 152 Mo. App. 439; Lumber Co. v. Brad-field 153 Mo. App. 527; Westport Lumber Co. v. Harris,. 131 Mo. App. 94; Coen v. Bettman, 166 Mo. App. 671; Berkshire Lumber Co. v. J. S. Chick Investment Co., 170 Mo. App. 1. (2) The mechanic’s lien law is highly remedial and should he liberally construed. Gruner & Bros. Lumber…

1Opinion of the CourtEllison, P. J.

Plaintiff brought this action to enforce a mechanic’s lien against a building and the ground upon which it stands located in Kansas City. The defendants Logan, are husband and wife who own the ground, and other defendants are lien claimants. The action was brought under an amendment enacted to the Mechanic’s Lien law (Session Acts, 1911, p. 314) whereby it is directed that in instances of several lien claimants against the same property, all may be brought into court to the end that the rights of each may be ascertained and adjusted in one proceeding.Plaintiff the several other claimants…

2Cases cited6 opinions

  1. Hall v. StephensSupreme Court of Missouri · 1877
  2. Hutchinson v. Richmond Safety Gate Co.Supreme Court of Missouri · 1912
  3. Bagnell Timber Co. v. Missouri, Kansas & Texas RailroadSupreme Court of Missouri · 1904
  4. Nold v. OzenbergerMissouri Court of Appeals · 1911
  5. Independence Sash, Door & Lumber Co. v. BradfieldMissouri Court of Appeals · 1911

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3Cited by1 opinion

  1. I. R. Goldberg Plumbing Supply Co. v. TaylorMissouri Court of Appeals · 1922

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