Fitzgerald v. Thomas
Supreme Court of Missouri
•Appeal from St. Louis Circuit Court. I. The statement filed by plaintiff and claimed to be a lien constituted no mechanic’s lien upon the premises in question, because they are four distinct and separate houses divided from each other by fences, and erected upon separate lots of ground. (Dallas Lumber & Manf. Co. vs.Was. ~W. Manf.
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•Appeal from St. Louis Circuit Court. I. The statement filed by plaintiff and claimed to be a lien constituted no mechanic’s lien upon the premises in question, because they are four distinct and separate houses divided from each other by fences, and erected upon separate lots of ground. (Dallas Lumber & Manf. Co. vs.Was. ~W. Manf. Co., 5 Oreg., 527; Steigleman vs. McBride, 17 111., 300; Rathburn vs. Hayford, 5 Allen, 406.) I. The lien was properly filed against the four houses, and the land upon which they stood, because 1st, the work was all done under one contract, and not on four separate…
1Opinion of the CourtHough, Judge
This was a suit to enforce a mechanic’s lien. The plaintiff had judgment below, which was affirmed at general term. The record shows that on the first day of .September, 1871, *500the defendant, Thomas, was the owner of four contiguous lots in block 2, of Peter Lindell’s first addition to the city of St. Louis, numbered 29, 30, 31 and 32, having an aggregate front on Pine street, of one hundred and fifteen feet, and a depth of one hundred and twenty-eight feet and six inches. It was alleged in the petition that “upon said four lots above desci'ibed, stood four houses of brick and stone, then in…
2Cases cited2 opinions
- Dalles Lumber & Manufacturing Co. v. Wasco Woolen Manufacturing Co.Oregon Supreme Court · 1869
- James v. HambletonIllinois Supreme Court · 1866
3Cited by21 opinions
- Hooven, Owens & Rentschler, Co. v. John Featherstone's SonsCourt of Appeals for the Eighth Circuit · 1901
- Gerard B. Allen & Co. v. Frumet Mining & Smelting Co.Supreme Court of Missouri · 1881
- Pilz v. KillingsworthOregon Supreme Court · 1891
- Hill v. BradenIndiana Supreme Court · 1876
- Darlington Lumber Co. v. HarrisMissouri Court of Appeals · 1904
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