43-17 - Limitation on suit to enforce lien.

§ 43-17. Limitation on suit to enforce lien.

No suit to enforce any lien perfected under §§ 43-4, 43-5 and 43-7 to 43-10shall be brought after six months from the time when the memorandum of lienwas recorded or after sixty days from the time the building, structure orrailroad was completed or the work thereon otherwise terminated, whichevertime shall last occur; provided, however, that the filing of a petition toenforce any such lien in any suit wherein such petition may be properly filedshall be regarded as the institution of a suit under this section; and,provided further, that nothing herein shall extend the time within which suchlien may be perfected.

(Code 1919, § 6433; 1926, p. 43; 1956, c. 399.)