Carroll v. Shooting the Chutes Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. William Zachritz, Judge. (1) A lien will mot lie against the land alone for work dome thereon, but is a remedy given against the land and improvements when the work dome is in connection with the erection of a building or improvements placed upon the land, and the lien then attaches both to the interest of the tenant in the land, and to the improvements.
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Appeal from the St. Louis City Circuit Court. — Hon. William Zachritz, Judge. (1) A lien will mot lie against the land alone for work dome thereon, but is a remedy given against the land and improvements when the work dome is in connection with the erection of a building or improvements placed upon the land, and the lien then attaches both to the interest of the tenant in the land, and to the improvements. And this is upon the theory that the work done has been a benefit to the tenant’s interest in the realty, or has enhanced its value. Holzhour v. Meer, 59 Mo. 434. (2) Fixtures. — In…
1Opinion of the CourtBiggs, J.
— In this case no instructions were asked and none were given, and no objection was made to the admission or rejection of evidence. The only exception found in the record is that under the law and evidence the plaintiff was entitled to a mechanic’s Hen for work done on the improvements mentioned in the petition, and that therefore the circuit court committed error in refusing to enforce it. Briefly stated the facts are these: The Shooting of the Chutes Company, a corporation, is the lessee of certain ground in the city of St. Louis. It erected on the land a structure known as “shooting the…
2Cases cited3 opinions
- Gentry v. TempletonMissouri Court of Appeals · 1891
- John O'Brien Boiler Works Co. v. HaydockMissouri Court of Appeals · 1894
- Jungeman v. Joseph Schnaider Brewing Co.Missouri Court of Appeals · 1889
3Cited by3 opinions
- Masterson v. RobertsSupreme Court of Missouri · 1934
- Joplin Supply Co. v. WestMissouri Court of Appeals · 1910
- City of Portland v. Indianapolis Mortar & Fuel Co.Indiana Court of Appeals · 1914