Book Description

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ... SECTION 34. General Provisions--Suit to Be Commenced or Answer Filed by Lien Claimants, and Within Thirty (30) Days on Demand of Owner, Liener or Interested Party.--Upon written demand of the owner, liener, or any person interested in the real estate, or their agent or attorney, served on the person claiming the lien, or his agent or attorney, requiring suit to be commenced to enforce the lien or answer to be filed in a pending suit, suit shall be commenced or answer filed within thirty days thereafter, or the lien shall be forfeited, and the same released if a claim for a lien has been filed with the Clerk of the Circuit Court. (Law of 1874, section 52; amended 1887; is law of 1895, section 35, amended 1903.) PAR. 355. PROMPT ADJUDICATION OF LIEN RIGHTS MAY BE ENFORCED. This section is designed for the benefit of the owner or any person interested in the real estate who desires to have the title to his property, upon which there has been a claim filed to compel the lienor to commence at once with the suit, or to file his answer in a pending suit, within thirty days after the owner or person interested in real estate shall have given notice to that effect under this section. If this is not done within thirty days the lien will be forfeited and the same released, if a claim for lien has been filed with the Clerk of the Circuit Court. It often occurs that a dealer in materials who has made a sale direct to the owner, or the laborer who has performed services for the owner, fearing the outcome of the collection of his debt, will file a claim for lien in the Circuit Court to protect himself against mortgagees, creditors and purchasers during the four-months period. If the debt is paid, which it often is, the claim is released. In such...