Crandall v. Cooper
Supreme Court of Missouri
Jlppeal from, Linn County Common Pleas. I. The appellant was not a party to the suit to enforce the mechanic’s lien, and therefore was not bound by it. (Wagn. Stat., 910, § 9.) ’ II. The trust deed under which appellant claimed, was the prior lien. (Wagn. Stat., 908, § 2; Houck Liens, 1-144, ch. 6.) III. The lien of the mechanic as against the appellant only attached to the erection, the fence, and he could remove it from the premises. (Wagn.
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Jlppeal from, Linn County Common Pleas. I. The appellant was not a party to the suit to enforce the mechanic’s lien, and therefore was not bound by it. (Wagn. Stat., 910, § 9.) ’ II. The trust deed under which appellant claimed, was the prior lien. (Wagn. Stat., 908, § 2; Houck Liens, 1-144, ch. 6.) III. The lien of the mechanic as against the appellant only attached to the erection, the fence, and he could remove it from the premises. (Wagn. Stat., 908, § 8.) If the plaintiff was not entitled to recover the possession of the property, he was entitled (Wagn. Stat., 560, § 14), to payment for…
1Opinion of the Court
Wagner, Judge,
delivered the opinion of the court. -
This was an action of ejectment to recover possession of a lot of ground in the town of Brookfield. The answer ad*479mitted tlie possession, but denies all the material allegations of the petition..
The plaintiff claimed under a sheriffs deed, dated the 6th day of August, 1873, and which recited a judgment for $28.09 recovered by one M. L. Delano on the 11th day of August, 1871, against J. S. Cooper and Fletcher and wife, the latter being Cooper’s vendees. The judgment and execution were special, reciting a mechanic’s lien, and ordering its…
2Cited by20 opinions
- Wimberly v. Mayberry & Co.Supreme Court of Alabama · 1891
- Coe v. RitterSupreme Court of Missouri · 1885
- Schulenburg v. HaydenSupreme Court of Missouri · 1898
- Sawyer & Austin Lumber Co. v. ClarkSupreme Court of Missouri · 1903
- McAdow v. SturtevantMissouri Court of Appeals · 1890
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