Missouri Pleading and Practice in Actions at Law and in Equity; Containing All the Statutory Provisions Pertaining Thereto

Missouri Pleading and Practice in Actions at Law and in Equity; Containing All the Statutory Provisions Pertaining Thereto : With Full Citations of the Adjudications of the Supreme Court and the Courts of Appeals Volume 2

By (author) 

List price: US$37.10

Currently unavailable

Add to wishlist

AbeBooks may have this title (opens in new window).

Try AbeBooks

Description

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1892 edition. Excerpt: ...83: Gauss v. Hnssman, 22 App. 115; Schulenburg v. Vrooman, 7 App. 133; Mecbanic's Planing Mill v. Nast, 7 App. 147; Heaman v. Busch, 35 Mo. 137. 1' R. S. 1889, 6709. The rule as to the description of the property is, that if there appears enough to enable a party familiar with the locality to identify the premises with reasonable certainty, it is suflicient.15 If the description fails to 'identify the acre of ground the building is on, the lien will fail." The limit of the lien in the country is one acre.1" But, where the description of a city lot exceeds that quantity, the lien is not thus made void." The lien cannot be maintained against the building where it has failed against the land through an inaccurate description." A lien account described the premises as a "frame-house and one acre on which the same was situated, being erected on a tract of sixty-four acres, being all of the north half of the southwest quarter, section 12, etc., and lying west of the branch, etc." Held, if the rights of third persons were to be affected by the lien sought to be enforced, the vagueness and uncertainty of the description would be fatal to the lien." Vllhere the contest is wholly between the materialman and the land owner, whose property has been improved by the furnished material, the true doctrine seems to be that if the description is specific and definite enough, so as to enable one familiar with the locality to identify the premises intended to be covered by the lien, it will be sufficient; and it is held that thepowner is presumed to be sufliciently familiar with the premises to locate and identify the acre intended by the foregoing description and other facts contained in the...show more

Product details

  • Paperback | 250 pages
  • 189 x 246 x 13mm | 454g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236859499
  • 9781236859495