Fitzpatrick v. Thomas
Supreme Court of Missouri
Appeal from, St. Louis Circuit Court. I. "The plaintiff’s lien attached at the time when the buildings were commenced by him, and no subsequent conveyance by the defendant could divest plaintiff of his lieh. (Douglas vs. St. Louis Zinc Co., 56 Mo., 388.) And it could not avail the defendant to aver in his answer, that before the filing of the lien he liad conveyed to others. II.
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Appeal from, St. Louis Circuit Court. I. "The plaintiff’s lien attached at the time when the buildings were commenced by him, and no subsequent conveyance by the defendant could divest plaintiff of his lieh. (Douglas vs. St. Louis Zinc Co., 56 Mo., 388.) And it could not avail the defendant to aver in his answer, that before the filing of the lien he liad conveyed to others. II. There is no pretence that the lots on which the houses were built were in any way distinct or separate, unless they were made so by virtue of the different houses upon them built by the plaintiff. And no good reason…
1Opinion of the Court
Hough. Judge,
delivered the opinion of the court.
The defendant has appealed to this court from a judgment enforcing a mechanic’s lien for labor and materials furnished by the plaintiff, for the erection of four houses on land belonging to the defendant at the date of the contract with the plaintiff, and described in the petition and' the statement of lien filed, as one entire tract having a front of 110 feet on Pine street, an'd a depth of one hundred and fifteen feet, five and a half inches. The answer, in addition to other defenses, denied that plaintiff’s claim, or any part thereof,…
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