Shine's v. Heimburger
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Leeoy B. Valliant, Judge. When a subcontractor’s right to a lien accrues, it is to a lien upon a building then in process of construction ahd to the land upon which said building is then situated, and this lien is given upon both land and building for the purpose of securing to him payment for his work done and materials furnished, and, therefore, when his lien is perfected by compliance with the statute, it may be…
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Appeal from the St. Louis City Circuit Court. — Hon. Leeoy B. Valliant, Judge. When a subcontractor’s right to a lien accrues, it is to a lien upon a building then in process of construction ahd to the land upon which said building is then situated, and this lien is given upon both land and building for the purpose of securing to him payment for his work done and materials furnished, and, therefore, when his lien is perfected by compliance with the statute, it may be enforced against all that remains of the security held out to him by the statute, whether of land or building; and the partial…
1Opinion of the CourtBiggs, J.
Where a building prior to its completion or its acceptance by the owner is totally destroyed by a cyclone, can a subcontractor who furnished and laid the brick enforce a mechanic’s lien against the land, and a reconstructed building thereon, when no part of the old materials were used in the new building, or remain on the premises? The record in the present case presents this question for decision.
There is practically no dispute about the facts. The' defendant, Fannie E. Carroll, is the owner of a lot in the city of St. Louis. On or about the nineteenth day of January, 1893, she entered into…
2Cases cited17 opinions
- Harmony v. . BinghamNew York Court of Appeals · 1854
- Tompkins v. . DudleyNew York Court of Appeals · 1862
- School District No. 1 v. DauchySupreme Court of Connecticut · 1857
- Hilliker v. FranciscoSupreme Court of Missouri · 1877
- Paddock v. StoutIllinois Supreme Court · 1887
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3Cited by5 opinions
- Hooven, Owens & Rentschler, Co. v. John Featherstone's SonsCourt of Appeals for the Eighth Circuit · 1901
- Humboldt Lumber Mill Co. v. CrispCalifornia Supreme Court · 1905
- Hammond v. DarlingtonMissouri Court of Appeals · 1904
- Bratton v. RalphIndiana Court of Appeals · 1896
- Trilogy Development Co. v. BB Syndication Services, Inc.United States Bankruptcy Court, W.D. Missouri · 2011