State ex rel. Kidney v. Marshall & Co.
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. What property is not subject to mechanics’ liens. — OolKns v. Matt, 45 Mo. 100; Haeussler v. Missouri Glass 06., 52 Mo. 452. What are fixtures. — Lacey v. Qiboney, 36 Mo. 320; Finney v. WaUcins, 13 Mo. 291; Rowell v. Me Ashen, 28 Mo. 70. A party claiming property as a fixture which is personal in its nature must show that its character has been changed, by some facts or circumstances which prove the intention of the owner to so change it.…
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Appeal from St. Louis Circuit Court. What property is not subject to mechanics’ liens. — OolKns v. Matt, 45 Mo. 100; Haeussler v. Missouri Glass 06., 52 Mo. 452. What are fixtures. — Lacey v. Qiboney, 36 Mo. 320; Finney v. WaUcins, 13 Mo. 291; Rowell v. Me Ashen, 28 Mo. 70. A party claiming property as a fixture which is personal in its nature must show that its character has been changed, by some facts or circumstances which prove the intention of the owner to so change it. —Sunt v. Mullanphy, 1 Mo. 508. Fixtures. — Graves v. Pierce, 53 Mo. 423 ; Rogers v. Grow, 40 Mo. 95 ; Cohen y. Kyler,…
1Opinion of the CourtHaydeN, J.
This was an action upon a bond of indemnity given to the sheriff of St. Louis County, under the Sheriffs’ and Marshals’ Act of 1855, by the respondents. Marshall & Co.,, a corporation,, and the principal in the bond, on May.3, 1875, obtained a judgment in the court below upon a mechanic’s lien claim against the St. Louis Sanitary, etc., Company, which, by a lease for ten years, then in operation and renewable, had hired a tract of land and erected upon it buildings and manufacturing machinery for their business. The company failing to pay, various lien claims were filed, and under a special…
2Cases cited12 opinions
- Rogers v. CrowSupreme Court of Missouri · 1867
- Lacey v. GiboneySupreme Court of Missouri · 1865
- Frankland v. MoultonWisconsin Supreme Court · 1856
- President, Directors, & Co. v. EmersonMassachusetts Supreme Judicial Court · 1818
- Powell v. SmithSupreme Court of Pennsylvania · 1833
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3Cited by2 opinions
- Donnewald v. Turner Real-Estate Co.Missouri Court of Appeals · 1891
- Cunningham v. MayesMissouri Court of Appeals · 1916