§ 34-28-21 Decree ordering sale. –The court shall, upon motion made by the plaintiff, defendant, or any otherperson, party to the proceedings, claiming to have a lien on the property orany part thereof under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7, had anyclaim against the property at the time of filing the complaint, or on becominga party to the proceedings, the court shall, by itself or by a master to beappointed by it for that purpose, proceed to ascertain the exact nature andamount of each claim on the property or any part thereof, made by or belongingto any party to the proceedings, the amount of which to be allowed and paidshall be computed on the basis of the value of the property prior to theconstruction, erection, alteration, or reparation which is the subject matterof the complaint, and the order in which, in accordance with § 34-28-25,they should be paid, and, in the event no payment has been made into theregistry of the court as provided in § 34-28-17, how much of the property,and especially how much, if any, and what portions of land under and adjoiningthe same, subject to sale by the provisions of this chapter, should be sold tosatisfy the claims; and thereupon the court shall decree the property or somepart of it, or the interest of the person defendant in the property or somepart of it at the time the lien accrued, to be sold by and under the directionof a master to be appointed for that purpose, with instructions, restrictions,and conditions as it shall give in the premises, and the master shall make thesale in accordance with the instructions, restrictions and conditions, free andclear of all titles, claims, leases, mortgages, attachments, or other liens orencumbrances (including all liens under § 34-28-1, 34-28-2, 34-28-3 or34-28-7 and all rights of dower and curtesy), except of persons who have rightswhich are excepted in § 34-28-16 from being void and wholly lost unless anappearance and account and demand or claim is filed in accordance therewith.
§ 34-28-21 Decree ordering sale. –The court shall, upon motion made by the plaintiff, defendant, or any otherperson, party to the proceedings, claiming to have a lien on the property orany part thereof under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7, had anyclaim against the property at the time of filing the complaint, or on becominga party to the proceedings, the court shall, by itself or by a master to beappointed by it for that purpose, proceed to ascertain the exact nature andamount of each claim on the property or any part thereof, made by or belongingto any party to the proceedings, the amount of which to be allowed and paidshall be computed on the basis of the value of the property prior to theconstruction, erection, alteration, or reparation which is the subject matterof the complaint, and the order in which, in accordance with § 34-28-25,they should be paid, and, in the event no payment has been made into theregistry of the court as provided in § 34-28-17, how much of the property,and especially how much, if any, and what portions of land under and adjoiningthe same, subject to sale by the provisions of this chapter, should be sold tosatisfy the claims; and thereupon the court shall decree the property or somepart of it, or the interest of the person defendant in the property or somepart of it at the time the lien accrued, to be sold by and under the directionof a master to be appointed for that purpose, with instructions, restrictions,and conditions as it shall give in the premises, and the master shall make thesale in accordance with the instructions, restrictions and conditions, free andclear of all titles, claims, leases, mortgages, attachments, or other liens orencumbrances (including all liens under § 34-28-1, 34-28-2, 34-28-3 or34-28-7 and all rights of dower and curtesy), except of persons who have rightswhich are excepted in § 34-28-16 from being void and wholly lost unless anappearance and account and demand or claim is filed in accordance therewith.
§ 34-28-21 Decree ordering sale. –The court shall, upon motion made by the plaintiff, defendant, or any otherperson, party to the proceedings, claiming to have a lien on the property orany part thereof under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7, had anyclaim against the property at the time of filing the complaint, or on becominga party to the proceedings, the court shall, by itself or by a master to beappointed by it for that purpose, proceed to ascertain the exact nature andamount of each claim on the property or any part thereof, made by or belongingto any party to the proceedings, the amount of which to be allowed and paidshall be computed on the basis of the value of the property prior to theconstruction, erection, alteration, or reparation which is the subject matterof the complaint, and the order in which, in accordance with § 34-28-25,they should be paid, and, in the event no payment has been made into theregistry of the court as provided in § 34-28-17, how much of the property,and especially how much, if any, and what portions of land under and adjoiningthe same, subject to sale by the provisions of this chapter, should be sold tosatisfy the claims; and thereupon the court shall decree the property or somepart of it, or the interest of the person defendant in the property or somepart of it at the time the lien accrued, to be sold by and under the directionof a master to be appointed for that purpose, with instructions, restrictions,and conditions as it shall give in the premises, and the master shall make thesale in accordance with the instructions, restrictions and conditions, free andclear of all titles, claims, leases, mortgages, attachments, or other liens orencumbrances (including all liens under § 34-28-1, 34-28-2, 34-28-3 or34-28-7 and all rights of dower and curtesy), except of persons who have rightswhich are excepted in § 34-28-16 from being void and wholly lost unless anappearance and account and demand or claim is filed in accordance therewith.
