South Missouri Lumber Co. v. Wright
Supreme Court of Missouri
Appeal from Jaclcson Circuit Court—Hon. J. H. Slover, Judge. (1) Unless the suit to enforce a mechanic’s lien be brought so as to bind the interest of the owner, in this case also contractor, the lien cannot be sustained against the other parties interested in the property. 2 Revised Statutes, 1889, see. 6713; Willing v. Power, 25 Mo. 599; Fury v. Boeckler, 6 Mo. App. 24; Foster v. Wulfing, 20 Mo. App. 87; Steinman v. Strimple, 29 Mo.
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Appeal from Jaclcson Circuit Court—Hon. J. H. Slover, Judge. (1) Unless the suit to enforce a mechanic’s lien be brought so as to bind the interest of the owner, in this case also contractor, the lien cannot be sustained against the other parties interested in the property. 2 Revised Statutes, 1889, see. 6713; Willing v. Power, 25 Mo. 599; Fury v. Boeckler, 6 Mo. App. 24; Foster v. Wulfing, 20 Mo. App. 87; Steinman v. Strimple, 29 Mo. App. 478. (2) A mechanic’s lien is essentially dependent on the existence of a contract between the owner and contractor or material man, and the obligation of…
1Opinion of the Court
Black, J.,
This is a suit against John A. Wright and some twenty other persons to enforce a mechanics’ lien for lumber sold and delivered to Wright and by him used in the erection of eight houses on four contiguous lots in Kansas City. The last item was delivered on June 24, 1889. In the following •July Wright conveyed the lots to Samuel Foster to secure certain indebtedness held by Charles Hicks. The circuit court gave judgment establishing the mechanics’ lien, and the defendants Foster and Hicks •only appealed. The chief defense urged here is that plaintiff lost its lien because it did not…
2Cases cited12 opinions
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- Spurlock v. SprouleSupreme Court of Missouri · 1880
- Herrington v. HerringtonSupreme Court of Missouri · 1858
- Gosline v. ThompsonSupreme Court of Missouri · 1875
- Fenwick v. GillSupreme Court of Missouri · 1866
7 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- State ex rel. Merriam v. RossSupreme Court of Missouri · 1894
- State ex rel. Brown v. WilsonSupreme Court of Missouri · 1909
- H. B. Deal Construction Co. v. Labor Discount Center, Inc.Supreme Court of Missouri · 1967
- State ex rel. Evans v. BroaddusSupreme Court of Missouri · 1912
- Armstrong Cork Co. v. Merchants' Refrigerating Co.Court of Appeals for the Eighth Circuit · 1910
26 more not listed; retrieve them via the Exa API.