429.110. When owner nonresident — notice, how given. — Whenever property is sought to be charged with a lien under sections 429.010 to 429.340, and the owner of the property so sought to be charged shall not be a resident of this state, or shall have no agent in the county in which said property is situate, or when such owner shall be a resident of the state, but conceals himself, or has absconded, or absents himself from his usual place of abode, so that the notice required by section 429.100 cannot be served upon him, then, and in every such case, such notice may be recorded with the recorder of deeds of the county in which such property is situate, and when recorded shall have like effect as if served upon such owner or his agent in the manner contemplated by section 429.100. Such notice shall be accompanied by an applicable fee for recording and shall be taxed as costs in any lien suit to which the same pertains, to abide the result of the suit.
Notes of Decisions
Hertel Elec. Co. v. Gabriel, 292 S.W.2d 95 (Mo. Ct. App. 1956).
· cites it 8× “, in its preliminary notice of lien filed with the recorder [Section 429.110], in its lien claim filed with the circuit clerk [Section 429.”
A. E. Birk & Son Plumbing & Heating, Inc. v. Malan Constr. Co., 548 S.W.2d 611 (Mo. Ct. App. 1977).
· cites it 5× “Section 429.110 RSMo. 1969, provides that when the owner of the property sought to be charged with a lien shall not be a resident of Missouri or shall have no agent in the county in which the property sought to be made subject to the lien is situate, the notice prescribed by §…”
Rufkahr Constr. Co. v. Weber, 658 S.W.2d 489 (Mo. Ct. App. 1983).
· cites it 4× “Nor is there any proof that appellants were actually served or that constructive notice under § 429.110 RSMo.1978 was proper. See Sentinel Woodtreating, Inc.”
Sentinel Woodtreating, Inc. v. Cascade Dev. Corp., 599 S.W.2d 268 (Mo. Ct. App. 1980).
· cites it 4× “An alternative method of notice is provided by § 429.110, RSMo.1969, if the owner of the property is not a resident of the state or has no agent in the county where the property is located, or the owner conceals or has absconded or absents himself from his usual place of abode…”
Fulkerson v. W.A.M. Investments, 85 S.W.3d 745 (Mo. Ct. App. 2002).
· cites it 10× “Respondents argued below, and in this appeal, that Appellant’s failure to obtain personal service on them, when no statutorily authorized alternate method of service was shown, failed to comply with section 429.110. The trial court treated Respondents’ motion to dismiss as a…”
Hertel Elec. Co. v. Gabriel, 316 S.W.2d 139 (Mo. Ct. App. 1958).
· cites it 2× “, affirmance of the judgment, because of plaintiff’s failure to carry its burden to prove one of the alternative statutory prerequisites to the validity of constructive service of notice under Section 429.110. With both the facts and the pertinent legal principles set forth at…”
Con-Tech Carpentry, Inc. v. Vouga Constr., Inc., 84 S.W.3d 520 (Mo. Ct. App. 2002).
· cites it 3× “Con-Tech claims that Auffenberg concealed himself, absconded, or was absent from his usual place of abode and it properly served him pursuant to Section 429.110 RSMo (2000). We have reviewed the briefs of the parties and the record on appeal.”
Columbia Glass & Window Co. v. I.D. Russell Co. Labs., 779 S.W.2d 769 (Mo. Ct. App. 1989).
· cites it 2× “Respondent relies on § 429.110, RSMo 1986, which provides that when the owner is concealing himself or is otherwise unavailable then notice may be filed with the recorder of deeds (which was done in the instant case) suggesting that the failure to update the property records was…”
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