429.270. Enforcement and adjudication of rights of several lienors in equitable action — procedure. — Any and all liens in sections 429.010 to 429.340 provided for may be adjudicated and determined and the rights of all parties interested in the same and in the property and of any of the property against which the same is claimed may be adjudicated, determined and enforced in one action which may be brought by any such lien claimant after the statement for such lien is filed in the office of the clerk of court, as herein provided, or such action may be brought by any owner or lessee of the property or any of it to be affected, or mortgagee or holder of any other encumbrance thereon. Such action shall be an equitable action for the purpose of determining the various rights, interest and liens of the various mechanics' lien claimants and claimants of other liens and owner of any interest in or leasehold upon said property and for enforcing the rights of any and all such persons in, to or against the property, being the lands and buildings and either of the same and for sale of such property, land and buildings or either of the same and for marshalling and distribution of the proceeds thereof among the parties according to their respective legal and equitable rights therein. Such action shall be an equitable action for the purpose of determining, establishing and enforcing the various and respective rights of the parties thereto and for the purpose of marshaling, applying and distributing the proceeds of the sale of such property that may be ordered and decreed in said action.
Notes of Decisions
State Ex Rel. Clayton Greens Nursing Ctr., Inc. v. Marsh, 634 S.W.2d 462 (Mo. 1982).
· cites it 10× “The equitable mechanic's lien proceeding is designed for the purpose of enforcing multiple mechanic's lien claims filed against the same real estate, together with an adjudication of the rights claimed under all conflicting liens, encumbrances or other interests in the property.”
BCI Corp. v. Charlebois Constr. Co., 673 S.W.2d 774 (Mo. 1984).
· cites it 4× “On November 21, 1980, Boone County Lumber Company moved to intervene and to add parties and on December 1, Boone County filed its petition to foreclose its mechanic's lien in the form of an equitable mechanic's lien proceeding under Section 429.270. Among the parties added as…”
Dunn Indus. Grp., Inc. v. City of Sugar Creek, 112 S.W.3d 421 (Mo. 2003).
“Equitable Mechanic’s Lien Action Finally, Lafarge claims that the trial court erred in denying its motion to compel arbitration because Missouri’s equitable lien statutes do not bar enforcement of the arbitration provision.”
Shelter Prods., Inc. v. Omni Constr. Co., Inc., 479 S.W.3d 189 (Mo. Ct. App. 2016).
· cites it 5× “Section 429.270 6 provides for an equitable action when multiple parties assert mechanic’s liens, in which: “[a]ny and all [mechanic’s] liens .”
Meiners Co. v. Clayton Greens Nursing Ctr., Inc., 645 S.W.2d 722 (Mo. Ct. App. 1982).
· cites it 4× “Section 429.270, RSMo. 1978, provides for equitable mechanic’s lien suits to determine the “various rights, interest, and liens of the various mechanics’ lien claimants and claimants of other liens and owner of any interest in or leasehold upon said property .”
George Weis Co. v. Stratum Design-Build, Inc., 227 S.W.3d 486 (Mo. 2007).
· cites it 3× “Section 429.270 provides that “any and all” mechanics’ liens may be adjudicated and that “[s]uch action shall be an equitable action for the purpose of determining the various rights, interest and hens of the various mechanics’ lien claimants.”
Gamble v. Browning, 379 S.W.3d 194 (Mo. Ct. App. 2012).
· cites it 2× “defense” because the defendant in that case argued that the equitable action involved the same parties and property as the current suit, and that the current suit was therefore subject to abatement under § 429.270, RSMo 1978. Id. at 723-24. Given that the plaintiff argued that…”
Home Bldg. Corp. v. Ventura Corp., 568 S.W.2d 769 (Mo. 1978).
· cites it 2× “Section 429.270. Such suit may be instituted by any lien claimant, by the owner or a lessee or by a mortgagee or holder of any other encumbrance.”
Sachs Elec. Co. v. Bridge Info. Sys., Inc. (In Re Bridge Info. Sys., Inc.), 288 B.R. 548 (Bankr. E.D. Mo. 2001).
· cites it 4× “banc 1982); Mo. Rev.Stat. § 429.270 (2000). Because the Debtors’ motion to consolidate and join necessary parties, however, relates to the particular mechanism of enforcing the Plaintiffs’ mechanics’ liens, federal law, not state law applies with respect to the Debtors’ motion.”
MECO Sys., Inc. v. Dancing Bear Ent., Inc., 42 S.W.3d 794 (Mo. Ct. App. 2001).
· cites it 2× “” In developing this point, MECO argues that § 429.270, RSMo 1994, and case law interpretations thereof make it clear that mechanics’ lien cases are proceedings in equity in every sense of the word and for every purpose, including application of the equitable doctrine of…”
McCarney v. Nearing, Staats, Prelogar & Jones, 866 S.W.2d 881 (Mo. Ct. App. 1993).
“Sections 429.270 and 429.280 set forth the *892 procedure for the enforcement and adjudication of the rights of multiple lienholders in an equitable action.”
Maas v. Dreckshage, 244 S.W.2d 397 (Mo. Ct. App. 1951).
· cites it 2× “This is an action brought under § 429.270, RSMo 1949, for the purpose of adjusting the claims, charges, credits and liens arising out of the construction of a dwelling house under an oral contract and to determine the relative rights of the parties.”
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