Nold v. Ozenberger
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. G. A. Mosinan, Judge. (1) The court erred in its judgment declaring a lien against the improvements owned by Mattie Ozenberger, after finding and adjudging that she was not a party to the contract with respondent for the purchase of tbe materials that entered into the construction of the improvements. Planing Mill Co. v. Chrisophel, 60 Mo. App. 106; State to use v. Hailey, 71 Mo.
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Appeal from Buchanan Circuit Court. — Hon. G. A. Mosinan, Judge. (1) The court erred in its judgment declaring a lien against the improvements owned by Mattie Ozenberger, after finding and adjudging that she was not a party to the contract with respondent for the purchase of tbe materials that entered into the construction of the improvements. Planing Mill Co. v. Chrisophel, 60 Mo. App. 106; State to use v. Hailey, 71 Mo. App. 200; Frost v. Frost, 200 Mo. 481; Holmes v. Kansas City, 209 Mo. 513. (2) It is true that the wife, Miattie Ozenberger, did not appeal, but if the judgment was…
1Opinion of the CourtBliOADDUS, P. J.
This is a suit to enforce a mechanic’s lien for materials furnished by plaintiff for the construction of a dwelling on certain property owned by defendants, Jester S. Ozenberger and Mattie O'zenberger, his wife, by the entirety. The material was furnished on and between respectively the 27th day of August, 1907, and July 17, 1908. It is admitted that in so far as the filing of the lien is concerned it was regular. The suit was begun on December 19, 1908.
On April 14, 1908, Ozenberger and wife executed a deed of trust on the real estate described in the lien and petition to Joseph Morton as…
2Cases cited2 opinions
- Hall v. StephensSupreme Court of Missouri · 1877
- Russell v. GrantSupreme Court of Missouri · 1894
3Cited by8 opinions
- Crowl ex rel. Crowl v. American Linseed Co.Supreme Court of Missouri · 1914
- Joplin Cement Co. v. Greene County Building & Loan Ass'nMissouri Court of Appeals · 1934
- Hiller v. SchulteMissouri Court of Appeals · 1913
- I. R. Goldberg Plumbing Supply Co. v. TaylorMissouri Court of Appeals · 1922
- Brockett Cement Co. v. LoganMissouri Court of Appeals · 1915
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