71-3-611. Enforcement of lien. (1) The liens provided for in this part must be enforced by a civil action in the district court of the county in which the lien was filed and must be governed by the laws regulating the proceedings in civil actions relating to the mode and manner of trial and the proceedings and laws to secure property so as to hold it for the satisfaction of any lien that may be against it.
(2) A person who brings a civil action to enforce the lien, a person having a lien, or a person who is made a party to any civil action has the right to demand that the lien be enforced against the whole or any part of the sawlogs, piling, railroad ties, cordwood, or other timber or manufactured lumber or shingles upon which the person has performed labor, that the person has assisted in securing or obtaining, or that the person has cut on the person's timberland, any of which occurred during the 3 months preceding the filing of the person's lien, for all the person's labor upon or for all the person's assistance in obtaining or securing the sawlogs, piling, railroad ties, cordwood, or other timber or in manufacturing the lumber into shingles during the whole or any part of the 3 months mentioned in 71-3-603 or for timber cut during the whole or any part of the 3 months.
(3) When proceedings are commenced against any lot of sawlogs, piling, railroad ties, cordwood, or other timber or lumber or shingles and some of the lienors claim liens against these specific sawlogs, piling, railroad ties, cordwood, or other timber or lumber or shingles proceeded against and others against the same generally to secure their claim for work and labor, the priority of the liens must be determined as provided in this part.
History: (1)En. Sec. 11, p. 130, L. 1899; re-en. Sec. 5829, Rev. C. 1907; re-en. Sec. 8328, R.C.M. 1921; re-en. Sec. 8328, R.C.M. 1935; Sec. 45-411, R.C.M. 1947; (2), (3)En. Sec. 12, p. 130, L. 1899; re-en. Sec. 5830, Rev. C. 1907; re-en. Sec. 8329, R.C.M. 1921; re-en. Sec. 8329, R.C.M. 1935; Sec. 45-412, R.C.M. 1947; R.C.M. 1947, 45-411, 45-412; amd. Sec. 133, Ch. 370, L. 1987; amd. Sec. 2284, Ch. 56, L. 2009.
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