Schaeffer v. Lohman
Supreme Court of Missouri
Appeal from St. Louis Land Court. At the time of the trial of this cause in the court below, this question had never been decided in this court under our present lien law. A similar case arose, however, under the local lien law of 1843 and the general act of 1845, and is reported in 25 Mo. 559. That case was relied upon by respondents’ counsel in the court below as a precedent for this.
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Appeal from St. Louis Land Court. At the time of the trial of this cause in the court below, this question had never been decided in this court under our present lien law. A similar case arose, however, under the local lien law of 1843 and the general act of 1845, and is reported in 25 Mo. 559. That case was relied upon by respondents’ counsel in the court below as a precedent for this. The special act concerning mechanics’ liens in St. Louis county, approved February 24, 1843, provides that “ the lien for work and materials shall be preferred to all other encumbrances which may be attached…
1Opinion of the CourtBates, Judge
This is an action of ejectment. The plaintiff claims title *72under execution sales made under judgments for the enforcement of mechanics’ liens.
Between the times when the work was done and materials furnished for which the liens accrued, and the time when the liens were filed, Ferguson, one of the defendants, and landlord of the others, bought the property of the former owner. Ferguson was not made a party to the proceedings for enforcing the liens.
The Land Court, in which the case was tried, declared the law to be, that, <£ where the owner of a building on which there is a mechanic’s lien for…
2Cases cited3 opinions
- Dubois' Administrator v. Wilson's TrusteeSupreme Court of Missouri · 1855
- Hauser v. HoffmanSupreme Court of Missouri · 1862
- Clark v. BrownSupreme Court of Missouri · 1857
3Cited by12 opinions
- Schulenburg v. HaydenSupreme Court of Missouri · 1898
- Welch v. Porter & Co.Supreme Court of Alabama · 1879
- Horstkotte v. MenierSupreme Court of Missouri · 1872
- McAdow v. SturtevantMissouri Court of Appeals · 1890
- Missouri Fire Clay Works v. EllisonMissouri Court of Appeals · 1888
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