Sibley v. Casey
| Citation | 6 Mo. 164 |
| Parties | SIBLEY & MEEK v. CASEY & BIDDLE. |
| Decision Date | 30 November 1839 |
| Court | Missouri Supreme Court |
The plaintiffs in error sued out a scire facias from the clerks' office of the St. Louis Circuit Court, by virtue of the provisions of the 6th section of the act for securing liens to mechanics and others: Rev. Code of 1835, 108, calling upon Margaret Casey as the person with whom plaintiffs had contracted for a building, and Ann Biddle as the owner of the lot on which the building was erected, to show cause why judgment should not be entered up, and execution had against the property on which they had filed their lien. Defendants appeared and plead. Ann Biddle plead in substance, that the lot on which said building was erected, before and at the time of the erection thereof, was and still is the property of the said Ann, and that she did not cause the said building or any part thereof to be erected, &c., and the second plea is virtually the same. Margaret Casey plead coverture. To these pleas, plaintiffs demurred generally. The demurrer was overruled and judgment given for the defendant.
The only question made in this court is on the sufficiency of the pleas. The act under which this suit was instituted, provides that artisans, builders, mechanics and those who furnish materials for building under contract with the proprietors thereof shall have a lien upon such materials furnished and to work and labor done on houses and other edifices by them hereafter erected in whole or in part, each artisan, builder, mechanic and laborer, for his own work and materials furnished; the 6th section of the same act further provides ...
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Joplin Supply Company v. West
...60 Mo.App. 111. (4) There must be a contract and sale of goods to the owner of the premises in order to have the benefit of a lien. Sibley v. Casey, 6 Mo. 164; Davis v. Mogsvell Co., 63 Mo.App. 447. Haywood Scott for respondent. (1) The agreements between Ayres and West, Allen and Livingsto......
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...materials are furnished or work done.--Ph. on Liens, sect. 74; Howard v. Veazie, 3 Gray, 233; Hays v. Fessenden, 106 Mass. 228; Sibley v. Casey, 6 Mo. 164. Hanson's deed from the administrator was not a completion of an inchoate right or the enlargement of an existing estate such as is trea......
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...owner of the property, upon which the repairs were made, and there is a total absence of evidence as to both of these defendants. Sibley v. Casey, 6 Mo. 164; Hause Thompson, 36 Mo. 450; Hause v. Carroll, 37 Mo. 578; Bridwell v. Clark, 39 Mo. 170; Porter v. Tooke, 35 Mo. 107. The instruction......
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