148 Mo. App. 136 | Mo. Ct. App. | 1910
Plaintiff, an incorporated company, furnished material in 1907 to William J. Hogan, who had contracted with the defendant Louise Sunkel to build a two-story brick dwelling for her on a lot she owned in St. Louis county. The material furnished consisted of door frames, Avindow frames, moulding and other articles which will not be enumerated as there
“A lot of ground containing one acre, beginning at a point of the center line of Schultze avenue, where said center line is cut by the south line of property of Minnie Michael described in a deed dated March 25, 1907, and of record in the recorder’s office of St. Louis county, Missouri; thence west along said south line of said Michaels two hundred seventy-two and one-quarter (272 1-4) feet, thence south and parallel with said center line of Schultze avenue one hundred sixty (160) feet, thence east and parallel with the above defined north line two hundred seventy-two and one-quarter (272 1-4) feet to the center line of said Schultze avenue and thence north along said center line of Schultze avenue one hundred and sixty (160) feet to the point of beginning. The same being the east one-half of a lot of ground described in deed of record in the recorder’s office of St. Louis county in book 213, page 145.”
The court found in favor' of plaintiff and against Hogan the contractor, and that the latter was indebted to plaintiff in the sum of $479.20, for which judgment was entered against Hogan; further found plaintiff had established and was “entitled to a lien for said sum against a certain two-story brick dwelling house on a certain piece or parcel of ground, situated in the county of St. Louis and State of Missouri, and described in said petition as follows, to-wit,” whereupon the above description is set out. The concluding part of the judgment orders, “if sufficient property of said defendant William J. Hogan cannot be found wherewith to satisfy said judgment, interest and costs, then that the same or the residue thereof be levied on and enforced
We remark further the lawr appears to be settled now in favor of the right of a lien claimant who has misdescribed the ground on which an improvement was erected, to have a lien on the improvement, apart from the ground. [Sawyer v. Lumber Co., 172 Mo. 588, 598, 73 S. W. 137.] There have been decisions by the Supreme Court to the contrary. [Ransom v. Sheehan, 78 Mo. 668; Williams v. Porter, 51 Mo. 441.] And this court has followed them. [Mayes v. Murphy, 93 Mo. App. 37.] But there was a prior decision given in Kansas City Hjotel Co. v. Sauer, 65 Mo. 279 in accord with Sawyer v. Lumber Co., supra, and in the latter case the Supreme Court reverted to the rule stated in the former.
The judgment wrongly enforced the lien against Annie H. Sunkel’s lot; wherefore it will be reversed and the cause remanded with a direction to the court