2550 ARTICLE 63

An. Code, 1924, sec. 16. 1912, sec. 16. 1904, sec. 16. 1888, sec. 16. 1838, ch. 205, sec. 8.

16. If the building against which any claim shall be filed under this
article or any of the ground adjacent thereto shall be sold under judgment
or decree on mortgage, or any other decree or process of any court of law
or equity, or by a trustee of an insolvent debtor, before the extent of the
lien of the claimant shall be ascertained as before directed, the court from
which execution issued, or which passed such decree, or by which such
trustee was appointed, may determine the respective rights of the parties
and the apportionment and appropriation of all liens and for that purpose
may appoint an auditor to inquire into and report the facts; or, upon appli-
cation of any of the parties, may direct an issue to try the facts and may
decree distribution accordingly.

Where a machine against which a mechanics' lien claim has been filed is sold in
equity en masse with real estate, with an agreement that the whole was to be sold
free from incumbrances, lien claimant is entitled to share in the proceeds, and to that
end, relative value of real estate and machinery may be proven. Wells v. Canton Co.,
3 Md. 242 (overruling Jones v. Hancock, 1 Md. Ch. 190). And see McKim v. Mason,
3 Md. Ch. 186.

An. Code, 1924, sec. 17. 1912, sec. 17. 1904, sec. 17. 1888, sec. 17. 1838, ch. 205, sec. 10.
1890, ch. 107. 1939, ch. 754, sec. 17.

17. Each person entitled to such lien shall file a claim or statement of
his demand in the office of the clerk of the circuit court for the county or
the circuit court of Baltimore City, as the case may be, and such claim or
statement shall be re-delivered by the clerk to the party filing the same
after it has been recorded as provided in section 18.

Cited but not construed in Franklin Ins. Co v. Coates, 14 Md. 296.

See sec. 23 and notes.

An. Code, 1924, sec. 18. 1912, sec. 18. 1904, sec. 18. 1888, sec. 18. 1838, ch. 205, sec. 3.

1939, ch. 754, sec. 18.

18. The clerks of the circuit courts for the several counties and the
circuit court of Baltimore City shall each procure and keep a docket or
book to be called "The mechanics' lien docket", in which he shall record all
designations or descriptions of lots or pieces of ground and all claims
which may be filed by virtue of this article together with the day of filing
the same and shall cause the names of the owner of the lot of ground and
of the contractor, architect or builder, if such be named, and of the person
claiming the lien under this law to be recorded therein.

An. Code, 1924, sec. 19. 1912, sec. 19. 1904, sec. 19. 1888, sec. 19. 1838, ch. 205, sec. 11.

19. Every such claim shall set forth: first, the name of the party
claimant and of the owner or reputed owner of the building, and also of
the contractor or architect, or builder, when the contract was made by
the claimant with such contractor, architect or builder; second, the amount
or sum claimed to be due and the nature or kind of work or the kind and
amount of materials furnished and the time when the materials were
furnished or the work done; thirdly, the locality of the building and the
number and size of the stories of the same, or such other matters of descrip-
tion as may be necessary to identify the same.

How contract should be set out.

A lien claim which includes work and materials under two or more contracts should
give dates for each, and general statement that work had been finished and materials
furnished within less than six months is not sufficient. Clark v. Boarman, 89 Md. 432.

Where contract is to do certain work and to furnish certain materials for a lump
sum, claim filed under this section need not do more than set out contract price, no