Jodd v. Duncan
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Wickham, J. A party having a mere contract for purchase cannot charge a building erected on the premises with a lien. — Hayes v. Fessenden, 106 Mass. 228 ; Metcalfe.
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Appeal from the St. Louis Circuit Court, Wickham, J. A party having a mere contract for purchase cannot charge a building erected on the premises with a lien. — Hayes v. Fessenden, 106 Mass. 228 ; Metcalfe. Hunnewell, 1 Gray, 297 ; Squires v. Fithian, 27 Mo. 134; Hause v. Thompson, 36 Mo. 450. Even though he be in possession under such a contract. —. Tháxton v. Williams,. 14 Pick. 49 ; Calloway v. Freeman, 29 Ga. 408. And even though the owher had notice'of the intention to build, and knew of the work upon the building. — Wells v. Bannister, 4 Mass. 514 ; Stone v. Crocker, 19 Pick. 292. Nor,…
1Opinion of the CourtBakewell, J.
This is an action by contractor against owner, to establish a mechanic’s lien. The petition alleges that defendants Dentman and Ibers claim an interest in th? premises, adverse to defendant Duncan, with whom, as owner, the contract was made.
*419There was a default as to Duncan. Defendants Dentman and Ibers deny generally all the allegations of the petition. They specifically deny that Duncan ever owned the premises described, and that he had any right or permission to erect any building thereon ; they further say that the work was done under a written contract, the terms of which were not…
2Cases cited6 opinions
- Kansas City Hotel Co. v. SauerSupreme Court of Missouri · 1877
- Tucker v. St. Louis Life Ins.Supreme Court of Missouri · 1876
- Crandall v. CooperSupreme Court of Missouri · 1876
- Bridwell v. ClarkSupreme Court of Missouri · 1866
- Porter v. TookeSupreme Court of Missouri · 1864
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Hertel Electric Company v. GabrielMissouri Court of Appeals · 1956
- Sawyer & Austin Lumber Co. v. ClarkSupreme Court of Missouri · 1903
- McCarty v. BurnetIndiana Supreme Court · 1882
- O'Leary v. RoeMissouri Court of Appeals · 1891
- Toner v. WhybrewIndiana Court of Appeals · 1912
8 more not listed; retrieve them via the Exa API.