Clark v. Brown
Supreme Court of Missouri
Appeal from St. Louis Land Court. I. The description of the property was insufficient. II. Blood should have been made a party. He was owner when the demand accrued, when the lien was filed, and when tlie suit was brought. III. No other judgment could have been entered in this case than a judgment against the property. The owner should have a hearing.
Read the full summary
Appeal from St. Louis Land Court. I. The description of the property was insufficient. II. Blood should have been made a party. He was owner when the demand accrued, when the lien was filed, and when tlie suit was brought. III. No other judgment could have been entered in this case than a judgment against the property. The owner should have a hearing. The transfer from Brown to Blood, made subsequent to the contracting for furnishing the materials, and the actual furnishing of the same, would have been no defence to an action in the ordinary form against Brown; but it is a defence to an…
1Opinion of the CourtBiChardson, Judge
This was a proceeding by scire facias to enforce a lien for materials. On the 31st of August, 1850, the plaintiff filed in the clerk’s office of the circuit court a statement of their demand, verified by affidavit, and a description of the property upon which the lien was intended to apply. The statement *561alleged that the plaintiff’s demand amounted to 1290.92 for materials furnished by them and used by Brown, under contract with him, in building the house described, which was erected and owned by Brown upon land belonging to Stro-ther’s heirs. It appears from the account, made part of the…
2Cases cited2 opinions
- Cornelius v. GrantSupreme Court of Missouri · 1843
- Schulenburg & Co. v. GibsonSupreme Court of Missouri · 1851
3Cited by7 opinions
- Missouri Fire Clay Works v. EllisonMissouri Court of Appeals · 1888
- Schaeffer v. LohmanSupreme Court of Missouri · 1863
- MacKlind Investment Co. v. FerrySupreme Court of Missouri · 1937
- Western Brass Manufacturing Co. v. BoyceMissouri Court of Appeals · 1898
- Real Estate Investment Co. v. HaseltineMissouri Court of Appeals · 1893
2 more not listed; retrieve them via the Exa API.