Wheeler v. Monett Milling Co.
Missouri Court of Appeals
Appeal from the Barry County Circuit Court. — Hon. J. 0. Lamson, Judge. The desciiption of the premises as contained in the account and statement filed by the plaintiff with the clerk of the circuit court for the purpose of securing his lien does not contain a true description of the property upon which the lien was intended to apply, nor so near the same as to identify it.
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Appeal from the Barry County Circuit Court. — Hon. J. 0. Lamson, Judge. The desciiption of the premises as contained in the account and statement filed by the plaintiff with the clerk of the circuit court for the purpose of securing his lien does not contain a true description of the property upon which the lien was intended to apply, nor so near the same as to identify it. R. S. 1889, sec. 6709. Plaintiff virtually admits this and abandons the description as set out in his lien statement and substitutes another in his petition. This change could not aid the lien. The lien account filed with…
1Opinion of the CourtBond, J.
The petition in this case is for a mechanic’s lien for materials and brick used in the construction of a mill and elevator for the Monett Milling Company, a corporation, upon a lot of ground alleged to he the property of said corporation under a sale to it by bond for title executed by S. N. Alberta, E. 8. and H. N. Mills. A personal judgment in the sum of $1,007.90 is also prayed against A. D. Butler as original contractor with the other defendants for the improvements. The petition alleges proper steps taken to secure the- lien. The defendants were served, and thereafter at the November…
2Cases cited3 opinions
- De Witt v. SmithSupreme Court of Missouri · 1876
- O'Leary v. RoeMissouri Court of Appeals · 1891
- Mann v. SchroerSupreme Court of Missouri · 1872
3Cited by1 opinion
- Smith v. St. Louis Transit Co.Missouri Court of Appeals · 1908