Farley v. Stroeh
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) Under the un contradicted evidence plaintiff was entitled to a lien against the interest of both W. J. Reid and Jennie L. Reid in the building and improver ments. Kline v. Perry, 51 Mo. App. 422; Seaman v. Pacldoclt, 51 Mo. App. 465. (2) Defendant W. J. Reid was an owner within the meaning of the mechanics’ lien law, of the land upon which .the improvements were situated.
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Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) Under the un contradicted evidence plaintiff was entitled to a lien against the interest of both W. J. Reid and Jennie L. Reid in the building and improver ments. Kline v. Perry, 51 Mo. App. 422; Seaman v. Pacldoclt, 51 Mo. App. 465. (2) Defendant W. J. Reid was an owner within the meaning of the mechanics’ lien law, of the land upon which .the improvements were situated. Sec. 6726, R. S. 1889. (3) In any event there was sufficient evidence to entitle plaintiff to go to the jury upon the question of Reid’s ownership of the…
1Opinion of the CourtSmith, P. J.
This is an action on a mechanics’., lien. The defendants, W. J. Reid and Jennie L. Reid —the latter the wife of the former — had judgment in the trial court and the plaintiff has appealed. At the conclusion of the evidence, the court gave a peremptory instruction requiring the jury to find for the above named defendants, and its action in this regard constitutes the basis of the appealing plaintiff’s complaint here.
The solution of the question thus presented requires a brief reference to'the facts, concerning the existence of which there is’ little or no dispute, and which may be summarized…
2Cases cited16 opinions
- Macfarland v. HeimSupreme Court of Missouri · 1895
- Brooks v. JamesonSupreme Court of Missouri · 1874
- Garnett v. BerryMissouri Court of Appeals · 1876
- Gibson v. ZeibigMissouri Court of Appeals · 1887
- Kansas City Planing Mill Co. v. BrundageMissouri Court of Appeals · 1887
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3Cited by3 opinions
- Bennett v. PotashnickMissouri Court of Appeals · 1924
- Alexander v. PerkinsMissouri Court of Appeals · 1897
- Riverside Lumber Co. v. OxfordMissouri Court of Appeals · 1919