Reed v. Lambertson
Missouri Court of Appeals
Appeal from the Stoddard Circuit Court. — Hon. H. N. Phillips, Special Judge. The courts however in construing the statute as affecting the question of the priority of a mortgage lien and a rhechanics’ lien, attaching subsequently to the date of the mortgage, seem to have made a distinction between erecting and repairing a building completed at the' date of the mortgage. Haeussler v. Thomas, 4: Mo. App. 463; Hall v. Mullanphy, 16 Mo.
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Appeal from the Stoddard Circuit Court. — Hon. H. N. Phillips, Special Judge. The courts however in construing the statute as affecting the question of the priority of a mortgage lien and a rhechanics’ lien, attaching subsequently to the date of the mortgage, seem to have made a distinction between erecting and repairing a building completed at the' date of the mortgage. Haeussler v. Thomas, 4: Mo. App. 463; Hall v. Mullanphy, 16 Mo. App. 454. In this case, at the date Bedford took his mortgage, there was no sawmill, nor any part of one, nor any of the said improvements on this land, but all…
1Opinion of the CourtBiggs, J.
— Concerning the facts in this case there is no controversy. On the seventeenth day of June, 1889, one Bedford sold to the defendants, Lambertson and Dorman, a tract of land in Stoddard county, and to secure a portion of the purchase money they immediately reconveyed the land to Bedford by mortgage with power of sale. The mortgage was duly recorded. After the purchase Lambertson and Dorman erected a sawmill and building on the land. The mill and building were completed and the mill in operation for some time prior to September 12, 1890. Commencing on that day, the plaintiff sold to Lambertson…
2Cases cited4 opinions
- Dugan v. ScottMissouri Court of Appeals · 1889
- Haeussler v. ThomasMissouri Court of Appeals · 1877
- Hall v. Mullanphy Planing Mill Co.Missouri Court of Appeals · 1885
- Hall v. St. Louis Manufacturing Co.Missouri Court of Appeals · 1886
3Cited by10 opinions
- Whitsett v. Peoples National BankMissouri Court of Appeals · 1909
- Fulkerson v. LynnMissouri Court of Appeals · 1896
- May v. ModeMissouri Court of Appeals · 1909
- Elliott & Barry Engineering Co. v. BakerMissouri Court of Appeals · 1908
- Orear v. Dierks Lumber Co.Missouri Court of Appeals · 1915
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