reglab/housing_qa huggingface dataset:
MT Code § 70-28-215 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 28. Quieting Title to Real Property|Part 2. Property Granted to Heirs of Deceased Entryman -- Quiet Title|70-28-215. Judgment -- nature and effect -- recording

  70-28-215. Judgment -- nature and effect -- recording. (1) The judgment must ascertain and determine the heirship of the deceased entryman and all estates, rights, titles, interests, and claims in and to the property and every part of the property, whether the estates, rights, titles, interests, and claims are legal or equitable, present or future, vested or contingent, or whether the estates, rights, titles, interests, and claims consist of mortgages or liens of any description. The judgment must be binding and conclusive upon every person who, at the time of the commencement of the action, had or claimed to have any estate, right, title, or interest in or to the property or any part of the property and upon every person claiming under the person by title subsequent to the commencement of the action.   (2) A certified copy of the judgment in the action must be recorded in the office of the clerk and recorder of the county in which the action was commenced, and any party or the successor in interest of any party to the action may file for record in the office of the clerk and recorder of the county the entire judicial record in the action.   History: En. Sec. 11, Ch. 15, L. 1915; re-en. Sec. 9511, R.C.M. 1921; re-en. Sec. 9511, R.C.M. 1935; R.C.M. 1947, 93-6235; amd. Sec. 184, Ch. 575, L. 1981; amd. Sec. 2212, Ch. 56, L. 2009.
MT Code § 70-28-216 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 28. Quieting Title to Real Property|Part 2. Property Granted to Heirs of Deceased Entryman -- Quiet Title|70-28-216. Subsequent action -- notice to original parties required

  70-28-216. Subsequent action -- notice to original parties required. Whenever judgment in an action hereby authorized shall have been entered as to any real property, no other action relative to the same property or any part thereof maintained under this part shall be tried until proof shall first have been made to the court that all persons who appeared in the first action or their successors in interest have been personally served with the papers mentioned in 70-28-209, either within or without this state, more than 1 month before the time to plead expired.   History: En. Sec. 13, Ch. 15, L. 1915; re-en. Sec. 9513, R.C.M. 1921; re-en. Sec. 9513, R.C.M. 1935; R.C.M. 1947, 93-6237.
MT Code § 70-28-301 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 28. Quieting Title to Real Property|Part 3. Entry Townsite Deeds|70-28-301. Entry townsite land defined

  70-28-301. Entry townsite land defined. "Entry townsite land" means land upon which an entry was made on or before July 1, 1921, by a probate court of any county in the territory or state of Montana for a townsite and a patent for the townsite was issued by the United States to the probate court or judge under the provisions of an act of congress entitled "An Act for the Relief of the Inhabitants of Cities and Towns Upon Public Lands", approved March 2, 1867, or other and subsequent acts of congress relating to entering lands for townsite purposes.   History: En. Sec. 1, Ch. 102, L. 1981.
MT Code § 70-28-302 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 28. Quieting Title to Real Property|Part 3. Entry Townsite Deeds|70-28-302. Petition for deed -- qualified claimants

  70-28-302. Petition for deed -- qualified claimants. A person may petition for a deed to a lot on entry townsite land from the district court of the county in which the entry townsite land is located if:   (1) the claimant entered the lot and is in possession of the lot; or   (2) the claimant is a successor in interest, by purchase or other lawful method of transferring an interest in land, of a person who originally entered the lot.   History: En. Sec. 2, Ch. 102, L. 1981.
MT Code § 70-28-303 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 28. Quieting Title to Real Property|Part 3. Entry Townsite Deeds|70-28-303. Notice requirements

  70-28-303. Notice requirements. Upon petition by a claimant for a deed to a lot on entry townsite land, the claimant shall provide published notice of the claim, notice filed with the county clerk and recorder, and personal service as may be required for quiet title actions under Title 70, chapter 28, part 1.   History: En. Sec. 3, Ch. 102, L. 1981; amd. Sec. 2213, Ch. 56, L. 2009.
MT Code § 70-28-304 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 28. Quieting Title to Real Property|Part 3. Entry Townsite Deeds|70-28-304. Judge to issue deed -- requirements

  70-28-304. Judge to issue deed -- requirements. If there are no valid conflicting claims to the lot on the entry townsite, the district court judge, as ex officio probate judge of the county, shall issue the claimant a good and sufficient deed for the lot on the entry townsite land upon finding in a hearing that:   (1) the petitioner is a qualified claimant under 70-28-302; and   (2) (a) no deed has been issued by a probate or district court judge of the county where the entry townsite land is located for the claimed lot; or   (b) a deed for the claimed lot has been issued but not recorded and has been lost or cannot be found.   History: En. Sec. 4, Ch. 102, L. 1981.
MT Code § 70-29-101 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 29. Partition of Real Property|Part 1. Preliminary Procedure|70-29-101. Action for partition authorized -- who may bring

  70-29-101. Action for partition authorized -- who may bring. When several cotenants hold and are in possession of real property as joint tenants or tenants in common, in which one or more of them have an estate of inheritance or for life or lives or for years, an action may be brought by one or more of such persons for a partition thereof, according to the respective rights of the persons interested therein, and for a sale of such property or a part thereof if it appears that a partition cannot be made without a great prejudice to the owners.   History: En. Sec. 492, p. 140, Bannack Stat.; re-en. Sec. 264, p. 190, L. 1867; re-en. Sec. 313, p. 97, Cod. Stat. 1871; re-en. Sec. 364, p. 139, L. 1877; re-en. Sec. 364, 1st Div. Rev. Stat. 1879; re-en. Sec. 377, 1st Div. Comp. Stat. 1887; re-en. Sec. 1340, C. Civ. Proc. 1895; re-en. Sec. 6883, Rev. C. 1907; re-en. Sec. 9516, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 752; re-en. Sec. 9516, R.C.M. 1935; R.C.M. 1947, 93-6301.
MT Code § 70-29-102 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 29. Partition of Real Property|Part 1. Preliminary Procedure|70-29-102. Action by minor

  70-29-102. Action by minor. (1) An action for the partition of real property may not be brought by a minor, except by the written authority of the district judge of the county in which the property or a part of the property is situated. The authority may not be given unless the district judge is satisfied, by affidavit or other competent evidence, that the interests of the minor will be promoted by bringing the action.   (2) A judgment for a partition may not be rendered in an action unless the court is satisfied that the interests of the minor will be promoted and that fact is expressly recited in the judgment.   (3) A guardian ad litem for a minor party, in an action for partition, may be appointed only by the court or judge and shall give an undertaking in a sum fixed by the judge for the faithful discharge of the guardian ad litem's trust. The undertaking must be approved by the judge and filed with the clerk.   History: En. Sec. 1341, C. Civ. Proc. 1895; re-en. Sec. 6884, Rev. C. 1907; re-en. Sec. 9517, R.C.M. 1921; re-en. Sec. 9517, R.C.M. 1935; R.C.M. 1947, 93-6302; amd. Sec. 4, Ch. 2, L. 1983; amd. Sec. 2214, Ch. 56, L. 2009.
MT Code § 70-29-103 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 29. Partition of Real Property|Part 1. Preliminary Procedure|70-29-103. Complaint -- contents

  70-29-103. Complaint -- contents. The interests of all the persons in the property, whether such persons be known or unknown, must be set forth in the complaint specifically and particularly, as far as known to the plaintiff; and if one or more of the parties or the share or quantity of interest of any of the parties be unknown to the plaintiff or be uncertain or contingent or the ownership of the inheritance depend upon the executory devise or the remainder be a contingent remainder so that such parties cannot be named, that fact must be set forth in the complaint.   History: En. Sec. 493, p. 140, Bannack Stat.; re-en. Sec. 265, p. 190, L. 1867; re-en. Sec. 314, p. 97, Cod. Stat. 1871; re-en. Sec. 365, p. 139, L. 1877; re-en. Sec. 365, 1st Div. Rev. Stat. 1879; re-en. Sec. 378, 1st Div. Comp. Stat. 1887; re-en. Sec. 1344, C. Civ. Proc. 1895; re-en. Sec. 6887, Rev. C. 1907; re-en. Sec. 9520, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 753; re-en. Sec. 9520, R.C.M. 1935; R.C.M. 1947, 93-6305.
MT Code § 70-29-104 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 29. Partition of Real Property|Part 1. Preliminary Procedure|70-29-104. Who must be parties -- permissible plaintiffs

  70-29-104. Who must be parties -- permissible plaintiffs. (1) The following must be parties to an action for partition:   (a) every person having an undivided share, in possession or otherwise, in the property as tenant in fee, for life, or for years;   (b) every person entitled to the reversion, remainder, or inheritance of an undivided share, after the determination of a particular estate therein;   (c) every person who by any contingency contained in a devise or grant or otherwise is or may become entitled to a beneficial interest in an undivided share thereof;   (d) every person having an inchoate right of dower in an undivided share in the property; and   (e) every person having a right of dower in the property or any part thereof which has not been admeasured.   (2) But no person other than a joint tenant or a tenant in common of the property shall be a plaintiff in the action.   History: En. Sec. 1342, C. Civ. Proc. 1895; re-en. Sec. 6885, Rev. C. 1907; re-en. Sec. 9518, R.C.M. 1921; re-en. Sec. 9518, R.C.M. 1935; R.C.M. 1947, 93-6303.
MT Code § 70-29-105 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 29. Partition of Real Property|Part 1. Preliminary Procedure|70-29-105. Who may be joined as defendants

  70-29-105. Who may be joined as defendants. (1) The plaintiff may make a tenant in dower, for life or for years, of the entire property or a creditor or other person having a lien or interest that attaches to the entire property a defendant in the action. In that case the final judgment may either award to a party the party's entire right and interest or the proceeds of the right or interest or may reserve and leave unaffected the party's right or interest or any portion of the right or interest.   (2) A person specified in this section who is not made a party is not affected by the judgment in the action.   History: En. Sec. 1343, C. Civ. Proc. 1895; re-en. Sec. 6886, Rev. C. 1907; re-en. Sec. 9519, R.C.M. 1921; re-en. Sec. 9519, R.C.M. 1935; R.C.M. 1947, 93-6304; amd. Sec. 2215, Ch. 56, L. 2009.
MT Code § 70-29-106 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 29. Partition of Real Property|Part 1. Preliminary Procedure|70-29-106. Unnecessary to join grantees or lienholders not of record

  70-29-106. Unnecessary to join grantees or lienholders not of record. No person having a conveyance of or claiming a lien on the property or some part of it need be made a party to the action unless such conveyance or lien appear of record.   History: En. Sec. 266, p. 190, L. 1867; re-en. Sec. 315, p. 97, Cod. Stat. 1871; re-en. Sec. 366, p. 140, L. 1877; re-en. Sec. 366, 1st Div. Rev. Stat. 1879; re-en. Sec. 379, 1st Div. Comp. Stat. 1887; re-en. Sec. 1345, C. Civ. Proc. 1895; re-en. Sec. 6888, Rev. C. 1907; re-en. Sec. 9521, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 754; re-en. Sec. 9521, R.C.M. 1935; R.C.M. 1947, 93-6306.
MT Code § 70-29-107 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 29. Partition of Real Property|Part 1. Preliminary Procedure|70-29-107. Lienholders of record as parties

  70-29-107. Lienholders of record as parties. If it appears to the court, by the certificate of the clerk of the court and county clerk and recorder or by the sworn or verified statement of any person who may have examined or searched the records, that there are outstanding liens or encumbrances of record upon such real property or any part or portion thereof which existed and were of record at the time of the commencement of the action, and the persons holding such liens are not made parties to the action, the court must either order such persons to be made parties to the action by an amendment or supplemental complaint or appoint a referee to ascertain whether or not such liens or encumbrances have been paid or, if not paid, what amount remains due thereon and their order among the liens or encumbrances severally held by such persons and the parties to the action and whether the amount remaining due thereon has been secured in any manner and, if secured, the nature and extent of the security.   History: En. Sec. 501, p. 142, Bannack Stat.; en. Sec. 273, p. 191, L. 1867; re-en. Sec. 322, p. 98, Cod. Stat. 1871; re-en. Sec. 373, p. 142, L. 1877; re-en. Sec. 373, 1st Div. Rev. Stat. 1879; re-en. Sec. 386, 1st Div. Comp. Stat. 1887; re-en. Sec. 1353, C. Civ. Proc. 1895; re-en. Sec. 6896, Rev. C. 1907; re-en. Sec. 9529, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 761; re-en. Sec. 9529, R.C.M. 1935; R.C.M. 1947, 93-6314.
MT Code § 70-29-108 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 29. Partition of Real Property|Part 1. Preliminary Procedure|70-29-108. Lienholders of record to be notified

  70-29-108. Lienholders of record to be notified. (1) The plaintiff shall cause a notice to be served a reasonable time prior to the day for appearance before the referee appointed, as provided in 70-29-107, on each person having outstanding liens of record who is not a party to the action to appear before the referee at a specified time and place to make proof by the person's own affidavit or otherwise of the amount due or to become due, contingently or absolutely, on the lien.   (2) If the person is absent or the person's residence is unknown, service may be made by publication or notice to the person's agents, under the direction of the court, in a proper manner.   (3) The report of the referee must be made to the court and must be confirmed, modified, or set aside and a new reference ordered, as the justice of the case may require.   History: En. Sec. 502, p. 142, Bannack Stat.; re-en. Sec. 274, p. 192, L. 1867; re-en. Sec. 323, p. 99, Cod. Stat. 1871; re-en. Sec. 374, p. 142, L. 1877; re-en. Sec. 374, 1st Div. Rev. Stat. 1879; re-en. Sec. 387, 1st Div. Comp. Stat. 1887; re-en. Sec. 1354, C. Civ. Proc. 1895; re-en. Sec. 6897, Rev. C. 1907; re-en. Sec. 9530, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 762; re-en. Sec. 9530, R.C.M. 1935; R.C.M. 1947, 93-6315; amd. Sec. 2216, Ch. 56, L. 2009.
MT Code § 70-29-109 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 29. Partition of Real Property|Part 1. Preliminary Procedure|70-29-109. Notice of action to be filed with clerk -- lis pendens

  70-29-109. Notice of action to be filed with clerk -- lis pendens. (1) Immediately after filing the complaint in the district court, the plaintiff must file in the office of the county clerk and recorder of the county or of the several counties in which the property is situated a notice of the pendency of the action containing:   (a) the names of the parties so far as known;   (b) the object of the action; and   (c) a description of the property to be affected thereby.   (2) From the time of filing such notice, all persons shall be deemed to have notice of the pendency of the action.   History: En. Sec. 495, p. 141, Bannack Stat.; re-en. Sec. 267, p. 190, L. 1867; re-en. Sec. 316, p. 97, Cod. Stat. 1871; re-en. Sec. 367, p. 140, L. 1877; re-en. Sec. 367, 1st Div. Rev. Stat. 1879; re-en. Sec. 380, 1st Div. Comp. Stat. 1887; amd. Sec. 1346, C. Civ. Proc. 1895; re-en. Sec. 6889, Rev. C. 1907; re-en. Sec. 9522, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 755; re-en. Sec. 9522, R.C.M. 1935; R.C.M. 1947, 93-6307.
MT Code § 70-29-110 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 29. Partition of Real Property|Part 1. Preliminary Procedure|70-29-110. Summons -- to whom directed

  70-29-110. Summons -- to whom directed. The summons must be directed to all the joint tenants and tenants in common and all persons having an interest in or any liens of record by mortgage, judgment, or otherwise upon the property or upon any particular portion thereof and generally to all persons unknown who have or claim any interest in the property.   History: En. Sec. 496, p. 141, Bannack Stat.; re-en. Sec. 268, p. 190, L. 1867; re-en. Sec. 317, p. 97, Cod. Stat. 1871; re-en. Sec. 368, p. 140, L. 1877; re-en. Sec. 368, 1st Div. Rev. Stat. 1879; re-en. Sec. 381, 1st Div. Comp. Stat. 1887; re-en. Sec. 1347, C. Civ. Proc. 1895; re-en. Sec. 6890, Rev. C. 1907; re-en. Sec. 9523, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 756; re-en. Sec. 9523, R.C.M. 1935; R.C.M. 1947, 93-6308.
MT Code § 70-29-111 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 29. Partition of Real Property|Part 1. Preliminary Procedure|70-29-111. Unknown and out-of-state parties -- how served

  70-29-111. Unknown and out-of-state parties -- how served. (1) If a party having a share or interest is unknown or any one of the known parties resides out of the state or cannot be found therein and such fact is made to appear by affidavit, the summons may be served on such absent or unknown party by publication, as in other cases.   (2) When publication is made, the summons, as published, must be accompanied by a general statement of the nature of the action and a brief description of the property which is the subject of the action.   History: En. Sec. 497, p. 141, Bannack Stat.; re-en. Sec. 269, p. 191, L. 1867; re-en. Sec. 318, p. 98, C. Stat. 1871; re-en. Sec. 369, p. 140, L. 1877; re-en. Sec. 369, 1st Div. Rev. Stat. 1879; re-en. Sec. 382, 1st Div. Comp. Stat. 1887; amd. Sec. 1348, C. Civ. Proc. 1895; re-en. Sec. 6891, Rev. C. 1907; re-en. Sec. 9524, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 757; re-en. Sec. 9524, R.C.M. 1935; R.C.M. 1947, 93-6309.
MT Code § 70-29-112 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 29. Partition of Real Property|Part 1. Preliminary Procedure|70-29-112. Answer -- contents

  70-29-112. Answer -- contents. The defendants who have been personally served with the summons and a copy of the complaint or who have appeared without such service must set forth in their answers, fully and particularly, the origin, nature, and extent of their respective interests in the property, and if such defendants claim a lien on the property by mortgage, judgment, or otherwise, they are deemed to have waived their right to such lien unless they state:   (1) the original amount and date of the same and the sum remaining due thereon;   (2) whether the same has been secured in any other way or not; and   (3) if secured, the nature and extent of such security.   History: En. Sec. 498, p. 141, Bannack Stat.; amd. Sec. 270, p. 191, L. 1867; re-en. Sec. 319, p. 98, Cod. Stat. 1871; re-en. Sec. 370, p. 141, L. 1877; re-en. Sec. 370, 1st Div. Rev. Stat. 1879; re-en. Sec. 383, 1st Div. Comp. Stat. 1887; amd. Sec. 1349, C. Civ. Proc. 1895; re-en. Sec. 6892, Rev. C. 1907; re-en. Sec. 9525, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 758; re-en. Sec. 9525, R.C.M. 1935; R.C.M. 1947, 93-6310.
MT Code § 70-29-113 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 29. Partition of Real Property|Part 1. Preliminary Procedure|70-29-113. Death or incompetency of parties -- proceedings not delayed

  70-29-113. Death or incompetency of parties -- proceedings not delayed. (1) If during the pendency of the action a party dies, is committed pursuant to 53-21-127, or otherwise becomes incompetent, the proceedings may not for that cause be delayed or suspended, but the attorney who has appeared for the party may continue to represent the party's interest. If any party has not appeared by an attorney, the court shall appoint an attorney to represent the interest that was held by the party until the party's heirs, legal representatives, or successors in interest have appeared in the action.   (2) An attorney appointed pursuant to subsection (1) must be allowed by the court a reasonable compensation for the attorney's services. The compensation may be taxed as costs against the share or interest represented by the attorney and may be adjudged a lien on the share or interest, in the discretion of the court.   History: En. Sec. 1357, C. Civ. Proc. 1895; re-en. Sec. 6900, Rev. C. 1907; re-en. Sec. 9533, R.C.M. 1921; re-en. Sec. 9533, R.C.M. 1935; R.C.M. 1947, 93-6318; amd. Sec. 23, Ch. 115, L. 1979; amd. Sec. 36, Ch. 490, L. 1997.
MT Code § 70-29-201 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 29. Partition of Real Property|Part 2. Trial and Judgment|70-29-201. Trial of title or interest of parties

  70-29-201. Trial of title or interest of parties. The right of the several parties, plaintiff as well as defendant, may be put in issue, tried, and determined in the partition action. The title or interest of the plaintiff in the property, as stated in the complaint, may be controverted by the answer. The title or interest of any defendant in the property, as stated in the complaint, may also be controverted by the defendant's answer or the answer of any other defendant, and the title or interest of any defendant, as stated in that defendant's answer, may be controverted by the answer of any other defendant and the issues joined as prescribed in Title 25, which may be tried before a jury if the court directs.   History: En. Sec. 499, p. 141, Bannack Stat.; re-en. Sec. 271, p. 191, L. 1867; re-en. Sec. 320, p. 98, Cod. Stat. 1871; re-en. Sec. 371, p. 140, L. 1877; re-en. Sec. 371, 1st Div. Rev. Stat. 1879; re-en. Sec. 384, 1st Div. Comp. Stat. 1887; en. Sec. 1350, C. Civ. Proc. 1895; re-en. Sec. 6893, Rev. C. 1907; re-en. Sec. 9526, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 759; re-en. Sec. 9526, R.C.M. 1935; R.C.M. 1947, 93-6311; amd. Sec. 2217, Ch. 56, L. 2009.