In a lien action, when the labor or materials were not furnished by a contract with the owner of the property affected, the owner may voluntarily appear and become a party to the action. If the owner does not so appear, such notice of the action as the court orders must be given to the owner and the owner then becomes a party to the action. Any person interested in the article as owner, mortgagee or otherwise may appear and defend. Questions of fact at the instance of either party must be submitted to a jury on an issue framed under the direction of the court.   [RR 2023, c. 2, Pt. C, §103 (COR).]