91-7-167 - Creditor having lien failing to present claim.
§ 91-7-167. Creditor having lien failing to present claim.
A creditor of a decedent who has a lien of any kind on property of the decedent shall not be barred of his right to enforce the lien against the property by a failure to present his claim and have it probated and registered, but shall be barred of all claim to be satisfied out of the assets not affected by such lien. A person claiming to have a lien on any property of the decedent may be made a party to any proper proceeding by the executor or administrator or a creditor to test the validity of such claim to a lien, and to determine upon the right of such claim. This may be in a proceeding to sell property, which may be ordered to be sold free from such lien, or subject to it; and the decree may be made as to a sale and disposition of the proceeds of the sale of the property, as may be according to the rights of parties before the court.
Sources: Codes, 1880, § 2031; 1892, § 1937; 1906, § 2111; Hemingway's 1917, § 1779; 1930, § 1679; 1942, § 576.