Gorman v. Sagner
Supreme Court of Missouri
Error to St. Louis Circuit Court. Scire facias to enforce a mechanic’s lien. Among other facts which it is unnecessary to state, it appeared upon the trial that the plaintiff, Gorman, had accepted from Sagner, for whom the work and labor that gave rise to the lien was done, and who was at that time owner of the building upon which the same was done, two promissory notes payable in ninety days and four months, and also a deed of trust upon said building to secure the payment…
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Error to St. Louis Circuit Court. Scire facias to enforce a mechanic’s lien. Among other facts which it is unnecessary to state, it appeared upon the trial that the plaintiff, Gorman, had accepted from Sagner, for whom the work and labor that gave rise to the lien was done, and who was at that time owner of the building upon which the same was done, two promissory notes payable in ninety days and four months, and also a deed of trust upon said building to secure the payment of said notes. Billings, one of the defendants, claimed said building by purchase at sheriff’s sale, under a judgment…
1Opinion of the CourtScott, Judge
From the view we take of this case, it will not be necessary to determine the points of law raised on the trial; for if the plaintiff’s lien was extinguished, it follows as a consequence that he can not recover.
The record raises the question whether the giving of notes, payable at a future day, and a deed of trust to secure their payment on the property on which the lien exists, is a waiver of the mechanic’s lien for the debt secured by the notes and deed of trust. Did this question concern only the immediate parties to the deed, it would be a matter of little consequence how it was…
2Cited by9 opinions
- Martin v. BeckerCalifornia Supreme Court · 1915
- Trullinger v. KofoedOregon Supreme Court · 1879
- Globe Light & Heat Co. v. DoudMissouri Court of Appeals · 1892
- Baumhoff v. St. Louis & Kirkwood RailroadMissouri Court of Appeals · 1902
- Miller v. Lemon Tree Inn of Wilmington, Inc.Court of Appeals of North Carolina · 1978
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