43-35 - How and when validity of lien, or claim of other person to property, is tried.

§ 43-35. How and when validity of lien, or claim of other person to property,is tried.

Any person may file his petition, at any time before the property is sold orthe proceeds of sale are paid to the plaintiff under the judgment of thecourt, disputing the validity of the plaintiff's lien thereon, or stating aclaim thereto, or an interest in or lien on the same, and its nature; and thecourt shall inquire into such claim, and if it be found that the petitionerhas title to, or a lien on, or any interest in, such property or proceeds ofsale, the court shall make such order as is necessary to protect his rights.

(Code 1919, § 6450; 2005, c. 839.)