Hall v. St. Louis Manufacturing Co.
Missouri Court of Appeals
Appeal from.tlie St. Louis Circuit Court, Shepard Barclay, Judge. A meclianic’s lien will attach, subject to a mortgage already on the property; and such mortgage attaches to the land and to the improvements thereon at the time. Haeussler v. Thomas, 4 Mo. App. 463 ; Reilly v. Hudson, 62 Mo. 383; Welch v. Porter, 63 Ala. 225; Hydraulic Co. v. Bormans, 19 Mo.
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Appeal from.tlie St. Louis Circuit Court, Shepard Barclay, Judge. A meclianic’s lien will attach, subject to a mortgage already on the property; and such mortgage attaches to the land and to the improvements thereon at the time. Haeussler v. Thomas, 4 Mo. App. 463 ; Reilly v. Hudson, 62 Mo. 383; Welch v. Porter, 63 Ala. 225; Hydraulic Co. v. Bormans, 19 Mo. App. 664; O'Brien v. Pettis, 42 Iowa, — ; Insurance Company v. Slye, 45 Iowa, 615. The construction of the building by the Mullanphy Planing Mill Company for the purpose and nse of a planing mill or manufactory of sash, doors, and blinds,…
1Opinion of the CourtRombatxek, J.
This is an action to enforce a mechanic’s lien for machinery against certain mill property. The construction of the mill was first commenced in 1881, and in the fall of that year the mill was almost wholly destroyed by fire, and the greater part of the machinery rendered useless. In the winter of 1881, or early part of 1882, it was rebuilt on the original foundation, but on a more extensive plan, and in May, 1882, the then owners placed a mortgage upon it for $30,000, which was foreclosed by sale, after the filing of the plaintiffs’ lien, but before .this cause was tried.
The plaintiffs in…
2Cases cited8 opinions
- Kansas City Hotel Co. v. SauerSupreme Court of Missouri · 1877
- Welch v. Porter & Co.Supreme Court of Alabama · 1879
- Crandall v. CooperSupreme Court of Missouri · 1876
- Haeussler v. ThomasMissouri Court of Appeals · 1877
- Hall v. Mullanphy Planing Mill Co.Missouri Court of Appeals · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Dugan v. ScottMissouri Court of Appeals · 1889
- McAdow v. SturtevantMissouri Court of Appeals · 1890
- Rall Bros. v. McCraryMissouri Court of Appeals · 1891
- May v. ModeMissouri Court of Appeals · 1909
- Reed v. LambertsonMissouri Court of Appeals · 1893
5 more not listed; retrieve them via the Exa API.