43-68 - Releases made by court.
§ 43-68. Releases made by court.
Any person who owns or has any interest in real estate or personal propertyon which such lien exists may, after twenty days' notice thereof to theperson entitled to such lien, apply to the circuit or corporation court ofthe county or corporation in whose clerk's office such encumbrance isrecorded, or to the Circuit Court of the City of Richmond, if it be in theclerk's office of such court, to have the same released or discharged; andupon proof that it has been paid or discharged, or upon its appearing to thecourt that more than twenty years have elapsed since the maturity of thelien, raising a presumption of payment, and which is not rebutted at thehearing, or upon proof that no suit, as defined by § 43-17, has been broughtto enforce the same within the time prescribed by such section; such courtshall order the same to be entered by the clerk on the margin of the page inthe book wherein the lien is recorded, which entry, when so made, shalloperate as a release of such lien.
All releases made prior to June 24, 1944, by any court under this sectionupon such presumption of payment so arising and not rebutted, shall bevalidated.
(Code 1919, § 6456; 1926, p. 81; 1930, p. 70; 1932, p. 121; 1944, p. 199.)