reglab/housing_qa huggingface dataset:
MT Code § 70-28-108 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 28. Quieting Title to Real Property|Part 1. Quieting Title Generally|70-28-108. Prerequisites to decree against defendant not present

  70-28-108. Prerequisites to decree against defendant not present. Before the plaintiff is entitled to a decree in an action against any defendant who does not appear in the action, the plaintiff shall produce evidence sufficient to prima facie entitle the plaintiff to relief. The relief may be granted only to the extent to which the evidence prima facie proves the plaintiff to be entitled to the relief. However, this provision may not affect the procedure in or manner of trial of the actions as between the plaintiff and any defendant who appears in the action.   History: En. Sec. 2, Ch. 113, L. 1915; re-en. Sec. 9487, R.C.M. 1921; amd. Sec. 2, Ch. 55, L. 1923; re-en. Sec. 9487, R.C.M. 1935; R.C.M. 1947, 93-6210(part); amd. Sec. 2202, Ch. 56, L. 2009.
MT Code § 70-28-109 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 28. Quieting Title to Real Property|Part 1. Quieting Title Generally|70-28-109. Who bound by judgment

  70-28-109. Who bound by judgment. Every person made a defendant to such action by name and every unknown claimant or possible claimant upon whom service has been made by publication, in accordance with Rule 4, M.R.Civ.P., and who has not appeared in such action shall be bound by the judgment or decree entered in such action, subject to the right of any such defendants to apply for relief in any manner provided by the statutes applicable to the case of a defaulting defendant served only by publication.   History: En. Sec. 2, Ch. 113, L. 1915; re-en. Sec. 9488, R.C.M. 1921; re-en. Sec. 9488, R.C.M. 1935; R.C.M. 1947, 93-6211.
MT Code § 70-28-110 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 28. Quieting Title to Real Property|Part 1. Quieting Title Generally|70-28-110. When value of improvements may be allowed as setoff

  70-28-110. When value of improvements may be allowed as setoff. When damages are claimed for withholding the property recovered upon which permanent improvements have been made by a defendant or those under whom the defendant claims, holding under color of title adversely to the claim of plaintiff, in good faith, the value of the improvements must be allowed as setoff against the damage.   History: En. Sec. 236, p. 92, Bannack Stat.; re-en. Sec. 257, p. 188, L. 1867; re-en. Sec. 306, p. 94, Cod. Stat. 1871; re-en. Sec. 357, p. 138, L. 1877; re-en. Sec. 357, 1st Div. Rev. Stat. 1879; re-en. Sec. 369, 1st Div. Comp. Stat. 1887; re-en. Sec. 1313, C. Civ. Proc. 1895; re-en. Sec. 6873, Rev. C. 1907; re-en. Sec. 9491, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 741; re-en. Sec. 9491, R.C.M. 1935; R.C.M. 1947, 93-6215; amd. Sec. 2203, Ch. 56, L. 2009.
MT Code § 70-28-111 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 28. Quieting Title to Real Property|Part 1. Quieting Title Generally|70-28-111. Termination of plaintiff's right during action -- damages for withholding

  70-28-111. Termination of plaintiff's right during action -- damages for withholding. In an action for the recovery of real property when the plaintiff shows a right to recover at the time the action was commenced but it appears that the plaintiff's right has terminated during the pendency of the action, the verdict and judgment must be according to the fact and the plaintiff may recover damages for withholding the property.   History: En. Sec. 235, p. 92, Bannack Stat.; re-en. Sec. 256, p. 188, L. 1867; re-en. Sec. 305, p. 94, Cod. Stat. 1871; re-en. Sec. 356, p. 138, L. 1877; re-en. Sec. 356, 1st Div. Rev. Stat. 1879; re-en. Sec. 368, 1st Div. Comp. Stat. 1887; re-en. Sec. 1312, C. Civ. Proc. 1895; re-en. Sec. 6872, Rev. C. 1907; re-en. Sec. 9490, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 740; re-en. Sec. 9490, R.C.M. 1935; R.C.M. 1947, 93-6214; amd. Sec. 2204, Ch. 56, L. 2009.
MT Code § 70-28-112 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 28. Quieting Title to Real Property|Part 1. Quieting Title Generally|70-28-112. Costs -- attorney fees

  70-28-112. Costs -- attorney fees. (1) If the defendant in a quiet title action disclaims in the answer any interest or estate in the property or allows judgment to be taken against the defendant without answer, the plaintiff may not recover costs. However, in actions that the plaintiff has brought under 30 U.S.C. 30 to determine an adverse claim, the plaintiff shall recover costs if the defendant does not relinquish in the proper United States land office or disclaim in writing any interest or estate in the property within 20 days from the filing of the adverse claim in the land office.   (2) The plaintiff in a quiet title action may recover costs and attorney fees if the defendant wrongfully filed a statement with the county clerk and recorder for transfer of property that had been owned in a joint tenancy severed under 72-2-814(2)(b). To be eligible to recover costs and fees, the plaintiff must have notified the defendant by certified mail that the defendant may be ordered to pay the plaintiff's costs and fees associated with a quiet title action unless the defendant executes documents to transfer the property to the plaintiff within 30 days or by a date mutually agreed to by the parties. The provisions of this subsection do not apply to joint tenancies revived under 72-2-814(5) unless subsequently severed. The provisions of this subsection do not preempt other remedies.   History: En. Sec. 234, p. 92, Bannack Stat.; re-en. Sec. 255, p. 188, L. 1867; re-en. Sec. 304, p. 93, Cod. Stat. 1871; re-en. Sec. 355, p. 138, L. 1877; re-en. Sec. 355, 1st Div. Rev. Stat. 1879; amd. Sec. 367, 1st Div. Comp. Stat. 1887; re-en. Sec. 1311, C. Civ. Proc. 1895; re-en. Sec. 6871, Rev. C. 1907; re-en. Sec. 9489, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 739; re-en. Sec. 9489, R.C.M. 1935; R.C.M. 1947, 93-6213; amd. Sec. 2205, Ch. 56, L. 2009; amd. Sec. 1, Ch. 148, L. 2019.
MT Code § 70-28-113 (2021)
2021 Montana Code Annotated|Title 70. Property|Chapter 28. Quieting Title to Real Property|Part 1. Quieting Title Generally|70-28-113. Order for survey or measurement

  70-28-113. Order for survey or measurement. (1) The court in which an action is pending for the recovery of real property or mining claims or for damages for an injury or to quiet title or to determine adverse claims to real property or mining claims or a judge in the action may on motion, upon notice by either party, for good cause shown, grant an order allowing to the party the right to enter into or upon the property or mining claim and make survey or measurement of the property or claim or of any tunnels, shafts, or drifts in the property or claim for the purpose of the action even though entry for that purpose has to be made through other lands or mining claims belonging to parties to the action.   (2) The order must describe the property, and a copy of the order must be served on the owner or occupant. Upon service, the party may enter the property with necessary surveyors and assistants and make the survey and measurement. However, if unnecessary damage is done to the property, the party is liable for the damage.   History: (1)En. Sec. 237, p. 92, Bannack Stat.; re-en. Sec. 258, p. 188, L. 1867; re-en. Sec. 307, p. 95, Cod. Stat. 1871; en. Sec. 357, p. 138, L. 1877; re-en. Sec. 357, 1st Div. Rev. Stat. 1879; re-en. Sec. 369, 1st Div. Comp. Stat. 1887; amd. Sec. 1314, C. Civ. Proc. 1895; re-en. Sec. 6874, Rev. C. 1907; re-en. Sec. 9492, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 742; re-en. Sec. 9492, R.C.M. 1935; Sec. 93-6216, R.C.M. 1947; (2)En. Sec. 238, p. 92, Bannack Stat.; re-en. Sec. 259, p. 188, L. 1867; re-en. Sec. 308, p. 95, Cod. Stat. 1871; re-en. Sec. 358, p. 139, L. 1877; re-en. Sec. 358, 1st Div. Rev. Stat. 1879; re-en. Sec. 370, 1st Div. Comp. Stat. 1887; re-en. Sec. 1315, C. Civ. Proc. 1895; re-en. Sec. 6875, Rev. C. 1907; re-en. Sec. 9493, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 743; re-en. Sec. 9493, R.C.M. 1935; Sec 93-6217, R.C.M. 1947; R.C.M. 1947, 93-6216, 93-6217; amd. Sec. 2206, Ch. 56, L. 2009.
MT Code § 70-28-201 (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|70-28-201. Action authorized

  70-28-201. Action authorized. Whenever the government of the United States has granted lands in the state of Montana to the heirs of a deceased entryman, any person who claims an estate of inheritance or interest in the lands may bring and maintain an action in rem against all the world in the district court for the county in which the real property is situated to establish the person's title to the property and to determine all adverse claims to the title. Any number of separate parcels of land claimed by the plaintiff may be included in the same action.   History: En. Sec. 1, Ch. 15, L. 1915; re-en. Sec. 9501, R.C.M. 1921; re-en. Sec. 9501, R.C.M. 1935; R.C.M. 1947, 93-6225; amd. Sec. 2207, Ch. 56, L. 2009.
MT Code § 70-28-202 (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|70-28-202. General procedural provisions applicable

  70-28-202. General procedural provisions applicable. Except as herein otherwise provided, all the provisions and rulings of law relating to evidence, pleading, practice, new trials, and appeals applicable to other civil actions shall apply to the actions hereby authorized.   History: En. Sec. 12, Ch. 15, L. 1915; re-en. Sec. 9512, R.C.M. 1921; re-en. Sec. 9512, R.C.M. 1935; R.C.M. 1947, 93-6236(part).
MT Code § 70-28-203 (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|70-28-203. Remedies cumulative

  70-28-203. Remedies cumulative. The remedies provided for by this part shall be deemed cumulative and in addition to any other remedy now or hereafter provided by law for quieting or establishing title to real property.   History: En. Sec. 14, Ch. 15, L. 1915; re-en. Sec. 9515, R.C.M. 1921; re-en. Sec. 9515, R.C.M. 1935; R.C.M. 1947, 93-6239.
MT Code § 70-28-204 (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|70-28-204. Executor, administrator, or guardian as party

  70-28-204. Executor, administrator, or guardian as party. An executor, administrator, or guardian or other person claiming an interest by deed of conveyance or otherwise may maintain, as plaintiff, and may appear and defend in the action herein provided for.   History: En. Sec. 14, Ch. 15, L. 1915; re-en. Sec. 9514, R.C.M. 1921; re-en. Sec. 9514, R.C.M. 1935; R.C.M. 1947, 93-6238.
MT Code § 70-28-205 (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|70-28-205. Complaint

  70-28-205. Complaint. The action shall be commenced by the filing of a verified complaint in which the parties so commencing the same shall be named as plaintiffs and the defendants shall be described as "all persons claiming any interest in or lien upon the real property herein described or any part thereof" and which shall:   (1) contain a statement of the facts enumerated in 70-28-201;   (2) contain a particular description of such real property; and   (3) specify the estate, title, or interest of the plaintiff therein.   History: En. Sec. 2, Ch. 15, L. 1915; re-en. Sec. 9502, R.C.M. 1921; re-en. Sec. 9502, R.C.M. 1935; R.C.M. 1947, 93-6226.
MT Code § 70-28-206 (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|70-28-206. Affidavit to accompany complaint

  70-28-206. Affidavit to accompany complaint. (1) At the time of filing the complaint, the plaintiff shall file with the complaint the plaintiff's affidavit fully and explicitly setting forth and showing:   (a) the character of the plaintiff's estate, right, title, interest, or claim in the property;   (b) whether or not the plaintiff has ever made any conveyance of the plaintiff's interest in the property or any part of the property and, if so, when and to whom the conveyance was made and also a statement of all existing mortgages, deeds of trust, judgments, or other liens on the property;   (c) when and where the deceased entryman of the property died;   (d) what kin or relationship the claimant bore to the entryman at the time of the entryman's death; and   (e) the names and residences of any other persons who are next of kin or entitled to succeed to any portion of the lands, the subject of the action, and the names of and residences of all persons who have liens upon the property or any part of the property adversely to the plaintiff if the plaintiff knows or has been informed or has been able to discover any adverse person.   (2) If the plaintiff is unable to state any one or more of the matters required in subsection (1), the plaintiff shall set forth and show fully and explicitly the reasons for the inability.   (3) The affidavit constitutes a part of the judicial record.   (4) If the plaintiff is a person under guardianship, the affidavit must be made by the guardian.   History: En. Sec. 3, Ch. 15, L. 1915; re-en. Sec. 9503, R.C.M. 1921; re-en. Sec. 9503, R.C.M. 1935; R.C.M. 1947, 93-6227; amd. Sec. 183, Ch. 575, L. 1981; amd. Sec. 2208, Ch. 56, L. 2009.
MT Code § 70-28-207 (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|70-28-207. Summons -- issuance and form

  70-28-207. Summons -- issuance and form. Upon the filing of the complaint and affidavit, a summons must be issued under the seal of the court, which must contain the name of the court and county in which the action is brought, the name of the plaintiff, and the particular description of the real property involved and must be directed to "all persons claiming any interest in or lien upon the real property described in this summons or any part of the real property" as defendants and must be substantially in the following form:   "In the district court of the.... judicial district of the state of Montana, in and for the county of..... plaintiff, vs. all persons claiming any interest in or lien upon the real property described in this summons or any part of the real property, defendants.   The state of Montana to all persons claiming any interest in or lien upon the real property described in this summons or any part of the real property, defendants, Greeting:   You are required to appear and answer the complaint of...., plaintiff, filed with the clerk of this court, within 60 days after the first publication of this summons, and set forth what interest or lien, if any, you have in or upon that certain real property or any part of the real property situated in the county of...., state of Montana, particularly described as follows: (Here insert description.)   You are further notified that, unless you appear and answer, the plaintiff will apply to the court for the relief demanded in the complaint. (Here insert a statement of the relief demanded.)   Witness my hand and the seal of court this ....... day of ...., 20...            ..............., Clerk"   History: En. Sec. 4, Ch. 15, L. 1915; re-en. Sec. 9504, R.C.M. 1921; re-en. Sec. 9504, R.C.M. 1935; R.C.M. 1947, 93-6228; amd. Sec. 90, Ch. 51, L. 1999.
MT Code § 70-28-208 (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|70-28-208. Publication and posting of summons

  70-28-208. Publication and posting of summons. (1) The summons shall be published in a newspaper of general circulation published in the county in which the action is brought. The newspaper in which such publication is to be made shall be designated by an order of the court or judge thereof to be signed and filed with the clerk. No other order for the publication of the summons shall be necessary, nor shall any affidavit therefor be required, nor need any copy of the complaint be served, except as hereinafter required. The summons shall be published at least once a week for a period of 5 weeks and to each publication thereof shall be appended a memorandum, signed by the plaintiff's attorney, in substance as follows "The following persons are said to claim an interest in or lien upon said property, adverse to plaintiff." (Give names and addresses as above provided.)   (2) A copy of the summons together with a copy of the foregoing memorandum shall be posted in a conspicuous place on each separate parcel of the property described in the complaint within 10 days after the first publication of the summons.   History: En. Sec. 5, Ch. 15, L. 1915; re-en. Sec. 9505, R.C.M. 1921; re-en. Sec. 9505, R.C.M. 1935; R.C.M. 1947, 93-6229.
MT Code § 70-28-209 (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|70-28-209. Personal service of summons -- service by mail

  70-28-209. Personal service of summons -- service by mail. (1) If the affidavit discloses the name of any person next of kin or relationship to the deceased entryman or entitled to succeed to any part of the property or the name of a person who claims or may claim an interest by mortgage, trust deed, judgment, or other lien, the summons must also be personally served upon that person, if the person can be found within the state, together with a copy of the complaint and a copy of the affidavit, during the period of the publication of the summons, and there must be attached to the copy of the summons delivered to the person a copy of the memorandum provided in 70-28-208.   (2) If the person resides out of the state, a copy of the summons, memorandum, complaint, and affidavit must be, within 10 days after the first publication of the summons, deposited in the United States post office, enclosed in a sealed envelope, postage prepaid, addressed to the person at the address given in the affidavit or, if an address is not given in the affidavit, then at the county seat of the county in which the action was brought. If the person resides within the state and could not with due diligence be found within the state within the period of the publication of the summons, then the notice described in this subsection must be mailed to the person, as provided in this subsection, upon the expiration of the period of publication.   History: En. Sec. 6, Ch. 15, L. 1915; re-en. Sec. 9506, R.C.M. 1921; re-en. Sec. 9506, R.C.M. 1935; R.C.M. 1947, 93-6230; amd. Sec. 2209, Ch. 56, L. 2009.
MT Code § 70-28-210 (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|70-28-210. Jurisdiction acquired by service -- complete

  70-28-210. Jurisdiction acquired by service -- complete. Upon the completion of the publication and posting of the summons and its service upon and mailing to the persons, if any, upon whom it is hereby directed to be so specially served, the court shall have full and complete jurisdiction over the plaintiff and the property and of the person of every one having or claiming any estate, right, title, or interest in or to or lien upon such property or any part thereof and shall be deemed to have obtained the possession and control of said property for the purposes of the action and shall have full and complete jurisdiction to render the judgment therein which is provided for in this part.   History: En. Sec. 7, Ch. 15, L. 1915; re-en. Sec. 9507, R.C.M. 1921; re-en. Sec. 9507, R.C.M. 1935; R.C.M. 1947, 93-6231.
MT Code § 70-28-211 (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|70-28-211. Depositions

  70-28-211. Depositions. (1) At any time after the issuance of the summons, any party to the action may take depositions therein in conformity to law, upon notice to the adverse party sought to be bound by such depositions and who has appeared in the action, if any, and upon notice filed with the clerk.   (2) The depositions may be used by any party against any other party giving or receiving the notice (except the clerk), subject to all just exceptions.   History: En. Sec. 12, Ch. 15, L. 1915; re-en. Sec. 9512, R.C.M. 1921; re-en. Sec. 9512, R.C.M. 1935; R.C.M. 1947, 93-6236(part).
MT Code § 70-28-212 (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|70-28-212. Time for appearance by defendant -- answer

  70-28-212. Time for appearance by defendant -- answer. At any time within the first 60 days from the first publication of the summons or within a further time, not exceeding 30 days, that the court may for good cause grant, any person having or claiming any estate, right, title, or interest in or to or lien upon the property or any part of the property may appear and become a party to the action by pleading to the complaint. All answers must be verified and set forth specifically the kin or relationship of the deceased entryman and the estate, right, title, interest, or lien claimed.   History: En. Sec. 8, Ch. 15, L. 1915; re-en. Sec. 9508, R.C.M. 1921; re-en. Sec. 9508, R.C.M. 1935; R.C.M. 1947, 93-6232; amd. Sec. 2210, Ch. 56, L. 2009.
MT Code § 70-28-213 (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|70-28-213. Recording of notice by plaintiff and defendant

  70-28-213. Recording of notice by plaintiff and defendant. (1) The plaintiff shall, at the time of filing the complaint, and every defendant to claim or claiming any affirmative relief shall, at the time of filing an answer, record in the office of the county clerk and recorder of the county in which the property is situated a notice of the pendency of the action containing the object of the action or the defense and a particular description of the property affected by the action.   (2) The clerk and recorder shall record the filing in a book of the miscellaneous records of the clerk's office and shall make a reference as to the date and time of the filing of the notice and, when recorded, to the book and page record.   History: En. Sec. 9, Ch. 15, L. 1915; re-en. Sec. 9509, R.C.M. 1921; re-en. Sec. 9509, R.C.M. 1935; R.C.M. 1947, 93-6233; amd. Sec. 2211, Ch. 56, L. 2009.
MT Code § 70-28-214 (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|70-28-214. Default judgment prohibited -- proof and inquiry required

  70-28-214. Default judgment prohibited -- proof and inquiry required. No judgment in any such action shall be given by default, but the court must require proof of the facts alleged in the complaint and other pleadings, and the court must further make diligent inquiry of the plaintiff and all defendants appearing concerning the next of kin of said deceased entryman, and upon such examination should any heir be discovered who has not been served or who has not appeared, the court may order such heir brought in if necessary for the determination herein provided for.   History: En. Sec. 10, Ch. 15, L. 1915; re-en. Sec. 9510, R.C.M. 1921; re-en. Sec. 9510, R.C.M. 1935; R.C.M. 1947, 93-6234.