Landau v. Cottrill
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. John A. Tally, Judge. (1) It is in evidence and uncontradicted that the houses were erected to the roof before the plaintiffs’ mortgage was executed, and mechanic’s liens have always been held superior to a mortgage executed after the buildings were begun, which is also the theory of the Missouri statute.
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Appeal from St. Louis City Circuit Court. — Hon. John A. Tally, Judge. (1) It is in evidence and uncontradicted that the houses were erected to the roof before the plaintiffs’ mortgage was executed, and mechanic’s liens have always been held superior to a mortgage executed after the buildings were begun, which is also the theory of the Missouri statute. E. S. 1899, sec. 4209; Yite v. Dixon, 12 Mo. 479; DuBois’ A'dm’r v. Wilson, 21 Mo. 213; Beilly v. Hudson, 62 Mo. 383. The petition of the plaintiffs alleges the establishment of the mechanic’s lien, and. the plaintiffs introduced the lien in…
1Opinion of the CourtBrace, P. J.
On the eighth of December, 1892, Henry Maltby and T. Jefferson Roe, being the owners, by their deed of trust of that date, duly executed and recorded, conveyed a lot of ground in lot or block thirty-two of Peter Lindell’s Second Addition to the City of St. Louis, and in Block 4877 South, of said city, particularly described in the petition by metes and bounds, to M. B. O’Reilly, to secure to Will J. Howard, the payment of one principal note for the sum of $16,000, payable five years from date; one principal note for the sum of $4,000, payable in five years after date, and ten interest notes,…
2Cases cited22 opinions
- Freeman v. . AuldNew York Court of Appeals · 1870
- Bunch v. GraveIndiana Supreme Court · 1887
- Coe v. RitterSupreme Court of Missouri · 1885
- Stafford v. FizerSupreme Court of Missouri · 1884
- Russell v. GrantSupreme Court of Missouri · 1894
17 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Peters v. DonaWyoming Supreme Court · 1936
- McFarland v. MelsonSupreme Court of Missouri · 1929
- Gerken v. Davidson Grocery Co.Idaho Supreme Court · 1931
- Coerver v. Crescent Lead & Zinc Corp.Supreme Court of Missouri · 1926
- Hammond v. DarlingtonMissouri Court of Appeals · 1904
16 more not listed; retrieve them via the Exa API.