Banner Lumber Co. v. Lund
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — Hoot. John W. McElhmney, Judge. (1) The court erred in admitting the lien claim in evidence against this appellant, because the same shows that the lien account is dated March 15, 1909, and that the whole account is furnished in 1909, last item being dated September 7, 1909. Therefore the lien claim which was filed December 19, 1910 (not 1909), was filed more than four months after last item accrued.
Read the full summary
Appeal from St. Louis County Circuit Court. — Hoot. John W. McElhmney, Judge. (1) The court erred in admitting the lien claim in evidence against this appellant, because the same shows that the lien account is dated March 15, 1909, and that the whole account is furnished in 1909, last item being dated September 7, 1909. Therefore the lien claim which was filed December 19, 1910 (not 1909), was filed more than four months after last item accrued. (2) The lien law is given a strict construction where the rig’hts of third parties are involved. Boisot Mech. Liens, sec. 36; Rail v. McCrary, 45 Mo.…
1Opinion of the CourtAllen, J.
This is an action to enforce a mechanic’s lien. Plaintiff is a corporation engaged in the lumber business, and furnished the material for which the lien is sought to and for a residence erected by the defendant N. G. Lund for his wife, defendant Anna Lund, and upon her land. The lien was contested below only by defendant ITermina Dependahl, the owner of a certain deed of trust, who has appealed the cause here from a judgment sustaining the lien and giving it priority over the deed of trust as to the building, but not as to the land upon which it is located.
The only point involved in the…
2Cases cited9 opinions
- Grace v. NesbittSupreme Court of Missouri · 1891
- Coe v. RitterSupreme Court of Missouri · 1885
- Mitchell Planing Mill Co. v. AllisonSupreme Court of Missouri · 1897
- Landau v. CottrillSupreme Court of Missouri · 1900
- Powers & Boyd Cornice & Roofing Co. v. MuirMissouri Court of Appeals · 1909
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Axelrod v. Pierron and AgeeMissouri Court of Appeals · 1927