429.270. Enforcement and adjudication of rights of several lienors in equitable action--procedure. - Missouri Statutes

Enforcement and adjudication of rights of several lienors inequitable action--procedure.

429.270. Any and all liens in sections 429.010 to 429.340 provided formay be adjudicated and determined and the rights of all parties interested inthe same and in the property and of any of the property against which the sameis claimed may be adjudicated, determined and enforced in one action which maybe brought by any such lien claimant after the statement for such lien isfiled in the office of the clerk of court, as herein provided, or such actionmay be brought by any owner or lessee of the property or any of it to beaffected, or mortgagee or holder of any other encumbrance thereon. Suchaction shall be an equitable action for the purpose of determining the variousrights, interest and liens of the various mechanics' lien claimants andclaimants of other liens and owner of any interest in or leasehold upon saidproperty and for enforcing the rights of any and all such persons in, to oragainst the property, being the lands and buildings and either of the same andfor sale of such property, land and buildings or either of the same and formarshalling and distribution of the proceeds thereof among the partiesaccording to their respective legal and equitable rights therein. Such actionshall be an equitable action for the purpose of determining, establishing andenforcing the various and respective rights of the parties thereto and for thepurpose of marshaling, applying and distributing the proceeds of the sale ofsuch property that may be ordered and decreed in said action.

(RSMo 1939 § 3570)

Prior revisions: 1929 § 3180; 1919 § 7240

(1967) Architects not entitled to mechanic's lien on building for preparation of plans and specifications. Henges Co. v. Doctor's North-Roads Building, Inc., 409 S.W.2d 489.