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MORGAN WIGHTMAN SUPPLY CO. v. SMITH

No. 54192.

764 S.W.2d 485 (1989)

MORGAN WIGHTMAN SUPPLY CO., Plaintiff, v. Robert C. SMITH, d/b/a R.C. Smith Construction Company, Robert C. Smith, Elizabeth Joan Smith, Contractors Roofing & Supply Company, Inc., a Corporation, Defendants, Commerce-Warren County Bank, Defendant/Appellant, Kaplan Lumber Company, Inc., Defendant/Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

January 24, 1989.

Attorney(s) appearing for the Case

Darryl L. Hicks, Warrenton, for defendant-appellant.

Gerald Julian Bamberger, Kaplan Lumber Co., St. Charles, for defendant-respondent.

J. Ronald Lacey, Chesterfield, for plaintiff Morgan Wightman Supply Co.

Robert C. Smith & Elizabeth Joan Smith, Lake St. Louis, pro se.

Ervin D. Davis, St. Charles, for defendants Contractors Roofing & Supply, Inc.

SATZ, Judge.

This is an action to enforce a mechanic's lien. Defendant, Commerce-Warren County Bank (Commerce), appeals from the trial court's judgment granting intervenor, Kaplan Lumber Co. (Kaplan), a priority lien against the subject property. We reverse.

In 1985, defendants Robert and Elizabeth Smith (Owners), as tenants by the entirety, acquired title to a tract of unimproved property. The property was acquired to build two apartment buildings. The Owners...

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