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Title XXVII DEBTOR-CREDITOR RELATIONS

Chapter 429

previous next Effective - 28 Aug 1939bottom

  429.060.  Lien shall have precedence over subsequent encumbrances. — The lien for work and materials as aforesaid shall be preferred to all other encumbrances which may be attached to or upon such buildings, bridges or other improvements, or the ground, or either of them, subsequent to the commencement of such buildings or improvements.

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(RSMo 1939 § 3553)

Prior revisions: 1929 § 3163; 1919 § 7223; 1909 § 8219

(1967) A properly filed mechanic's lien dates from the visible commencement of actual operations on the ground for the erection of the building or the making of the improvement which makes it apparent that a building has been commenced or that an improvement is to be made, done with the intention and formed purpose to continue the work until completed. H.  B. Deal Construction Co. v. Labor Discount Center, Inc.  (Mo.), 418 S.W.2d 940.

(1978) Statutes providing for priority of mechanic's lien over deed of trust did not violate due process rights of lender under the deed of trust. Westinghouse Electric Company v. Vann Realty Company (Mo.), 568 S.W.2d 777.


---- end of effective   28 Aug 1939 ----

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