Philip Gruner & Bros. Lumber v. Hartshorn-Barber Realty & Building Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. J. Hugo Grimm, Judge. (1) Where a statement for a mechanic’s lien is defective, by reason (as in this case) of an error in describing the real property, the lienor may, within the statutory period, file another statement for lien upon the same account with a correct description of the property remedying the original defect.
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Appeal from St. Louis City Circuit Court. — Hon. J. Hugo Grimm, Judge. (1) Where a statement for a mechanic’s lien is defective, by reason (as in this case) of an error in describing the real property, the lienor may, within the statutory period, file another statement for lien upon the same account with a correct description of the property remedying the original defect. Plaintiff had a right to file its second statement for lien of August 10, 1912, amending the description of the first. Burnett v. Clooney, 67 Mo. App. 664; 68 Mo. App. 146; Hannon v. Gibson, 14 Mo. App. 36; Camden v.…
1Opinion of the CourtAllen, J.
This is an action to enforce a mechanics’ lien. The parties to the record are all corporations. The Warner-Jenkinson Company is alleged to be the owner of the property against which the lien is sought; and the Union Trust Company of St. Louis and the Title Guaranty Trust Company are made defendants because of a certain deed of trust alleged to have been executed by the defendant Wamer-Jenkin-son Company to the Union Trust Company of St. Louis, as trustee, securing notes payable to the Title Guaranty Trust Company and of which the latter company is alleged, upon information and belief, to have…
2Cases cited16 opinions
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- De Witt v. SmithSupreme Court of Missouri · 1876
- South Missouri Lumber Co. v. WrightSupreme Court of Missouri · 1893
- Sawyer & Austin Lumber Co. v. ClarkSupreme Court of Missouri · 1903
- Crane Co. v. Epworth Hotel Construction & Real Estate Co.Missouri Court of Appeals · 1906
11 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hilderbrand v. AndersonMissouri Court of Appeals · 1954
- Banner Lumber Co. v. RobsonMissouri Court of Appeals · 1914
- Cindrick v. ScottMissouri Court of Appeals · 1931
- Johnson v. GMAC Mortgage Corp.Missouri Court of Appeals · 2005
- Dierks & Sons Lumber Co. v. McSorleyMissouri Court of Appeals · 1956
4 more not listed; retrieve them via the Exa API.