Seidel v. Cornwell
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Iio-n. H. D. Wood>. Judge. The circuit court erred in sustaining defendant’s demurrer and gave judgment for defendants. (1) Plaintiff’s amended petition stated facts sufficient to constitute a cause of action. Laws 1897, p. 74; Huff v. Land & Imp.
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Appeal from St. Louis City Circuit Court. — Iio-n. H. D. Wood>. Judge. The circuit court erred in sustaining defendant’s demurrer and gave judgment for defendants. (1) Plaintiff’s amended petition stated facts sufficient to constitute a cause of action. Laws 1897, p. 74; Huff v. Land & Imp. Co., 157 Mo. 65 ; Holland v. Challen, 110 U. S. 15. (2) Plaintiff is entitled, under the allegations of the amended petition, to the relief prayed for, although he may also have a remedy in an action at law. Laws 1897, p. 74; Huff v. Land & Imp. Co., supra; Lime & Cement Co. v. Bank, 158 Mo. 272; Stewart…
1Opinion of the CourtMarshall, J.
This case is here upon appeal by the plaintiff from a judgment of the circuit court of the city of St. Louis, sustaining a demurrer to the petition.
The contest is between the purchaser of the land and Louses at a sLeriff’s sale, under a judgment establishing a me*54chanic’s lien thereon, for work and labor done after the deed of trust was put on the unimproved land, and the original owner of the land and of the houses and the holder of the deed of trust.
The material allegations of.the petition are: first, that the Cornwells owned certain unimproved land, and executed to Vogel as trustee for…
2Cases cited5 opinions
- Schulenburg v. HaydenSupreme Court of Missouri · 1898
- Huff v. Laclede Land & Improvement Co.Supreme Court of Missouri · 1900
- Seibel v. SiemonSupreme Court of Missouri · 1880
- Thorn & Hunkins Lime & Cement Co. v. Citizens BankSupreme Court of Missouri · 1900
- Seibel v. SiemonSupreme Court of Missouri · 1873
3Cited by9 opinions
- Howard v. BrownSupreme Court of Missouri · 1906
- Hammond v. DarlingtonMissouri Court of Appeals · 1904
- Powell v. CrowSupreme Court of Missouri · 1907
- Wilson v. LubkeSupreme Court of Missouri · 1903
- Clark Real Estate Co. v. Old Trails Investment Co.Supreme Court of Missouri · 1934
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