H. Keller & Co. v. Carterville Building & Loan Ass'n
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. W. M. * Robinson, Judge. (1) The Carterville Building and Loan Association was properly made a party to this action. R. S. 1889, p. 1575, sec. 6713. Mortgagees and others having an interest in the property are made parties for the purpose of giving them an opportunity to show cause why the lien should not be established. Clay Works v.. Ellison, 30 Mo. App. 67. A mortgagee is not bound if not made-a party.
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Appeal from the Jasper Circuit Court. — Hon. W. M. * Robinson, Judge. (1) The Carterville Building and Loan Association was properly made a party to this action. R. S. 1889, p. 1575, sec. 6713. Mortgagees and others having an interest in the property are made parties for the purpose of giving them an opportunity to show cause why the lien should not be established. Clay Works v.. Ellison, 30 Mo. App. 67. A mortgagee is not bound if not made-a party. R. S. 1889, p. 1575, sec. 6713; Coe v. Ritter, 86 Mo. 278. (1) Plaintiffs having a judgment in full force against Billingslea, the owner of the…
1Opinion of the Court
'Smith, P. J.
This is an action which was brought before a justice of the peace to enforce a mechanics’ lien. The suit was brought against B. E. Billingslea, the lotowner with whom was joined the above named defendant, on the ground that it claimed some interest in the property which it was sought to subject to the lien. It appears there was a judgment in the justice court for the enforcement of the lien. The lotowner, Billingslea, did not appeal, but the above named defendant did. The. defendant had judgment in the circuit court and the plaintiffs appealed. At the conclusion of the…
2Cases cited1 opinion
- Reed v. LambertsonMissouri Court of Appeals · 1893
3Cited by2 opinions
- Berkshire Lumber Co. v. J. S. Chick Investment Co.Missouri Court of Appeals · 1913
- Reid v. GregoryMississippi Supreme Court · 1900