Ford v. Dixon
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — lion. W. K. Amide, Jtidge. One in possession of land, under a verbal or written contract of purchase, cannot subject to a mechanic’s lien either the building or the land, to the prejudice of the legal owner, even under a statute which contemplates a remedy, either against the building or the land.
Read the full summary
Appeal from Buchanan Circuit Court. — lion. W. K. Amide, Jtidge. One in possession of land, under a verbal or written contract of purchase, cannot subject to a mechanic’s lien either the building or the land, to the prejudice of the legal owner, even under a statute which contemplates a remedy, either against the building or the land. Dustin v. Crosby, 75 Me. 75; Poor v. Cabman, 104 Mass. 309 ; ITiekox v. Greenwood, 94 Ill. 266; Wag-ar v. Briscoe, 38 Mich. 587; Bank v. Fellowes, 42 Conn. 36; Walker v. Burt, 57 Ga. 20; Dierks v. Walrod, 66 Iowa, 354; Wilkins v. Litchfield, 69 Iowa, 465. A…
1Opinion of the CourtJohnson, J.
Suit to enforce a mechanic’s lien. Defendant Kallauner was the owner in fee of a lot in St. Joseph on which there was a two-story brick building which, during his ownership, had been used as a residence. On September 11, 1911, he entered into a written contract with defendant Minnie Dixon by the terms of which he sold her the property for $30,000, and agreed to deliver her a deed on payment in full of the purchase price. She paid $100 on the purchase price on signing the contract and agreed to pay the remainder in monthly installments. The contract provided that “in case of default in the…
2Cases cited10 opinions
- Kansas City Hotel Co. v. SauerSupreme Court of Missouri · 1877
- Dougherty-Moss Lumber Co. v. ChurchillMissouri Court of Appeals · 1905
- Tucker v. St. Louis Life Ins.Supreme Court of Missouri · 1876
- Curtin-Clark Hardware Co. v. ChurchillMissouri Court of Appeals · 1907
- Schulenburg v. HaydenSupreme Court of Missouri · 1898
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Patrick v. Koepke Construction, Inc. v. Woodsage Construction Co.Missouri Court of Appeals · 1992
- Trout's Investments, Inc. v. DavisMissouri Court of Appeals · 1972
- Sargent v. DelgadoWyoming Supreme Court · 1972
- Sargent v. DelgadoWyoming Supreme Court · 1972