Section 32 Caution on Prior Equitable Action

• Library: Mechanics Liens 2015

2. (§32) Caution on Prior Equitable Action

A mechanic’s lien lawsuit that involves only one lien claimant is considered an action at law and, as such, the lien claimant is entitled to a jury trial. When more than one lien is attached to the property, § 429.270, RSMo 2000, mandates that the claims of all lienors must be determined and enforced in one equitable action for the purpose of determining priority issues between the claimants and for the purpose of enforcing the interests of others claiming an...