Ambrose Manufacturing Co. v. Gapen
Missouri Court of Appeals
Appeal from Caldwell Circuit Court, Hon. James M. Davis, Judge. Statement of case by the court. The only facts material to be stated are as follows; On the thirteenth of June, 1883, Eli Gfapen, then ■being the owner of a lot in Kingston, executed a deed of trust thereon to William Wilmott, to secure an indebtedness of $1,300 for money borrowed of defendant, Nancy M. Perkins ; and on September 15, following, he •executed another conveyance to Wilmott, in trust to .secure said…
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Appeal from Caldwell Circuit Court, Hon. James M. Davis, Judge. Statement of case by the court. The only facts material to be stated are as follows; On the thirteenth of June, 1883, Eli Gfapen, then ■being the owner of a lot in Kingston, executed a deed of trust thereon to William Wilmott, to secure an indebtedness of $1,300 for money borrowed of defendant, Nancy M. Perkins ; and on September 15, following, he •executed another conveyance to Wilmott, in trust to .secure said Nancy in the further sum of seven hundred -dollars. On the thirteenth of October, of the same year, 1883, the plaintiff…
1Opinion of the CourtEllison, J.
Defendants Wilmott and Perkins are the appellants here, and they insist that plaintiff is not an original contractor, as contemplated by the statute, and that he had only four months in which to file Ms *401|lien for the material which he furnished. As the material was furnished more than four months, though within six, next before filing the lien, it is claimed plaintiff has lost his right, by the lapse of the four months.
The statute, section. 3172, gives the lien to mechanics or other persons, who may perform labor or furnish material, on a contract with the owner, trustee, contractor, or…
2Cases cited4 opinions
- Woods v. HilderbrandSupreme Court of Missouri · 1870
- Crandall v. CooperSupreme Court of Missouri · 1876
- Hearne v. Chillicothe & Brunswick RailroadSupreme Court of Missouri · 1873
- Kennett v. PlummerSupreme Court of Missouri · 1859
3Cited by19 opinions
- R. L. Sweet Lumber Co. v. E. L. Lane, Inc.Supreme Court of Missouri · 1974
- BCI Corp. v. Charlebois Construction Co.Supreme Court of Missouri · 1984
- McClintic-Marshall Co. v. Ford Motor Co.Michigan Supreme Court · 1931
- Wadsworth v. HodgeSupreme Court of Alabama · 1889
- Foley Lumber Co. v. KoesterSupreme Court of Florida · 1952
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