Parties; consolidation of actions; insufficient proceeds of sale
Sec. 5. (a) In an action brought under this chapter, all persons
whose liens are recorded under section 2 of this chapter may be made
parties to the action. Issues shall be made up and trials had as in
other cases.
(b) The court may, when several actions are pending by different
claimants to enforce liens under this chapter, order that the cases be
consolidated. If the proceeds of the sale of the corporation's property
or the corporation's earnings are insufficient to pay and satisfy the
claimants in full, the court shall order the claimants to be paid in
proportion to the amount due each, and the sale shall be made
without prejudice to the rights of any prior encumbrances, owner, or
other persons not parties to the action.
As added by P.L.2-2002, SEC.13.
Last modified: May 24, 2006