BERNARD v. MERRICK

No. KCD 28255.

549 S.W.2d 561 (1977)

Durrell BERNARD d/b/a Bernard Lumber Co., Plaintiff-Respondent, v. John Michael MERRICK and Melba Jean Merrick, a/k/a Mike Merrick, and as successors to A. & M. Construction Co., Sweet Springs, Missouri, and Boonslick Savings and Loan Association, Boonville, Missouri, Defendants-Appellants.

Missouri Court of Appeals, Kansas City District.

April 4, 1977.


Attorney(s) appearing for the Case

Dale Reesman, Williams, Reesman & Tate, Boonville, for defendants-appellants.

Charles H. Green, III, Green & Green, Higginsville, for plaintiff-respondent.

Before WASSERSTROM, P. J., and SOMERVILLE and TURNAGE, JJ.


TURNAGE, Judge.

Durrell Bernard brought suit against John Merrick and his wife and Boonslick Savings and Loan Association to establish a mechanic's lien on certain property owned by Merrick. It was further sought to establish such mechanic's lien as prior to a deed of trust held by Boonslick on the same real estate. The trial court adjudged a mechanic's lien in favor of Bernard superior to the deed of trust.

On this appeal Boonslick primarily raises the point...

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