reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 3 - FORCIBLE ENTRY AND UNLAWFUL DETAINER › Section 6-304 - SERVICE OF NOTICE.

6-304. SERVICE OF NOTICE. The notices required by the preceding section may be served either:
1. By delivering a copy to the tenant personally; or,
2. If he be absent from his place of residence and from his usual place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the mail addressed to the tenant at his place of residence; or, if such place of residence and business cannot be ascertained, or a person of suitable age or discretion cannot be found there, then by affixing a copy in a conspicuous place on the property, and also delivering a copy to a person there residing, if such person can be found; and also sending a copy through the mail addressed to the tenant at the place where the property is situated. Service upon a subtenant may be made in the same manner.
History:
[(6-304) C.C.P. 1881, sec. 798; R.S., R.C., & C.L., sec. 5094; C.S., sec. 7323; I.C.A., sec. 9-304.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 3 - FORCIBLE ENTRY AND UNLAWFUL DETAINER › Section 6-305 - JURISDICTION OF DISTRICT COURT.

6-305. JURISDICTION OF DISTRICT COURT. The district court of the county in which the property, or some part of it, is situated, has jurisdiction of proceedings under this chapter.
History:
[(6-305) C.C.P. 1881, sec. 799; R.S., R.C., & C.L., sec. 5095; C.S., sec. 7324; I.C.A., sec. 9-305.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 3 - FORCIBLE ENTRY AND UNLAWFUL DETAINER › Section 6-308 - PARTIES DEFENDANT.

6-308. PARTIES DEFENDANT. No person other than the tenant of the premises, and subtenant, if there be one, in the actual occupation of the premises when the notice herein provided for was served, need be made parties defendant in the proceeding, nor shall any proceeding abate nor the plaintiff be nonsuited for the nonjoinder of any persons who might have been made parties defendant; but when it appears that any of the parties served with process or appearing in the proceeding are guilty of the offense charged, judgment must be rendered against them. Any person who shall become a subtenant of the premises or any part thereof after the service of notice as provided in this chapter shall be bound by the judgment. In case a married woman be a tenant or a subtenant, her coverture shall constitute no defense; but in case her husband be not joined, or unless she be doing business as a sole trader, an execution issued upon a personal judgment against her can only be enforced against property on the premises at the commencement of the action.
History:
[(6-308) C.C.P. 1881, sec. 802; R.S., R.C., & C.L., sec. 5098; C.S., sec. 7327; I.C.A., sec. 9-308.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 3 - FORCIBLE ENTRY AND UNLAWFUL DETAINER › Section 6-309 - PARTIES GENERALLY.

6-309. PARTIES GENERALLY. Except as provided in the preceding section, the provisions of this code relating to parties to civil actions are applicable to this proceeding.
History:
[(6-309) C.C.P. 1881, sec. 803; R.S., R.C., & C.L., sec. 5099; C.S., sec. 7328; I.C.A., sec. 9-309.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 3 - FORCIBLE ENTRY AND UNLAWFUL DETAINER › Section 6-311 - CONTINUANCE.

6-311. CONTINUANCE. In an action exclusively for possession of a tract of land of five (5) acres or less for the nonpayment of rent or if a landlord has alleged that the landlord has reasonable grounds to believe that any person, is or has been, engaged in the unlawful delivery, production, or use of a controlled substance during the term for which the premises are let to the tenant, or if the person is in possession of the property and is a tenant at sufferance pursuant to subsection (11) of section 45-1506, Idaho Code, no continuance shall be granted for a longer period than two (2) days unless the defendant applying therefor gives an undertaking to the adverse party with good and sufficient security, to be approved by the court, conditioned for the payment of the rent that may accrue if judgment is rendered against the defendant.
History:
[6-311, as added by 1974, ch. 308, sec. 4, p. 1803; am. 2001, ch. 203, sec. 3, p. 693; am. 2006, ch. 248, sec. 2, p. 757.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 3 - FORCIBLE ENTRY AND UNLAWFUL DETAINER › Section 6-311A - JUDGMENT ON TRIAL BY COURT.

6-311A. JUDGMENT ON TRIAL BY COURT. In an action exclusively for possession of a tract of land of five (5) acres or less for the nonpayment of rent or on the grounds that the landlord has reasonable grounds to believe that a person is, or has been, engaged in the unlawful delivery, production, or use of a controlled substance on the leased premises during the term for which the premises are let to the tenant, or for forcible detainer, or if the tenant is a tenant at sufferance pursuant to subsection (11) of section 45-1506, Idaho Code, the action shall be tried by the court without a jury. If, after hearing the evidence the court concludes that the complaint is not true, it shall enter judgment against the plaintiff for costs and disbursements. If the court finds the complaint true or if judgment is rendered by default, it shall render a general judgment against the defendant and in favor of the plaintiff, for restitution of the premises and the costs and disbursements of the action. If the court finds the complaint true in part, it shall render judgment for the restitution of such part only, and the costs and disbursements shall be taxed as the court deems just and equitable. No provision of this law shall be construed to prevent the bringing of an action for damages.
History:
[6-311A, added 1974, ch. 308, sec. 5, p. 1803; am. 1996, ch. 169, sec. 1, p. 553; am. 2001, ch. 203, sec. 4, p. 693; am. 2006, ch. 248, sec. 3, p. 758; am. 2017, ch. 276, sec. 3, p. 725.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 3 - FORCIBLE ENTRY AND UNLAWFUL DETAINER › Section 6-311C - FORM OF EXECUTION.

6-311C. FORM OF EXECUTION. The execution, should judgment of restitution be rendered, may be in the following form:
STATE OF IDAHO )
ss.
County of…. )
TO THE SHERIFF OR ANY CONSTABLE OF THE COUNTY:
WHEREAS, a certain action for the possession of the following described premises, to-wit:
.
.
lately tried before the above entitled court, wherein…. was plaintiff and…. was defendant, judgment was rendered on the…. day of…., A.D.,…., that the plaintiff…. have restitution of the premises, and also that he recover the costs and disbursements in the sum of $….;
In the name of the State of Idaho, you are, therefore, hereby commanded to cause the defendant to be forthwith removed from the premises and the plaintiff is to have restitution of the same. In the event the goods and chattels are not promptly removed thereafter by the defendant, the plaintiff is authorized to remove the same pursuant to Section 6-316(2), Idaho Code. Upon returning premises to the plaintiff, the sheriff will make legal service and due return of this writ.
WITNESS My hand and official seal (if issued out of a court of record) this…. day of…., A.D.,…..
History:
[6-311C, added 1974, ch. 308, sec. 7, p. 1803; am. 2020, ch. 340, sec. 2, p. 996.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 3 - FORCIBLE ENTRY AND UNLAWFUL DETAINER › Section 6-311D - ADDITIONAL UNDERTAKING ON APPEAL.

6-311D. ADDITIONAL UNDERTAKING ON APPEAL. If judgment is rendered against the defendant for the restitution of the real property described in the complaint, or any part thereof, no appeal shall be taken by the defendant from the judgment until he gives, in addition to the undertaking now required by law upon appeal, an undertaking to the adverse party, with two (2) sureties, who shall justify in like manner as bail upon arrest, for the payment to the plaintiff, if the judgment is affirmed on appeal, of the rental value of the real property of which restitution is adjudged from the commencement of the action in which the judgment was rendered until final judgment in the action.
History:
[I.C., sec. 6-311D, as added by 1974, ch. 308, sec. 8, p. 1803.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 3 - FORCIBLE ENTRY AND UNLAWFUL DETAINER › Section 6-311E - ACTION FOR DAMAGES — COMPLAINT — SUMMONS.

6-311E. ACTION FOR DAMAGES — COMPLAINT — SUMMONS. In an action for damages incurred as a result of failure to pay rent or damages as a result of the unlawful production of a controlled substance on the leased premises during the term for which the premises are let to the tenant, the plaintiff in his complaint must set forth the facts on which he seeks to recover. If the plaintiff combines his action for damages with an action for possession, the complaint shall also describe the premises with reasonable certainty and may set forth therein any circumstances which may have accompanied the alleged nonpayment of rent or the facts which are the basis for the landlord’s reasonable grounds to believe that a person is, or has been, engaged in the unlawful production of a controlled substance on the leased premises during the term for which the premises are let to the tenant, and claim damages therefor; provided, however, that the early trial provision of section 6-310, Idaho Code, shall not be applicable when an action for damages is combined with an action for possession. In an action for damages, a summons must be issued returnable as in other cases upon filing the complaint.
History:
[6-311E, added 1974, ch. 308, sec. 9, p. 1803; am. 2001, ch. 203, sec. 5, p. 694.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 3 - FORCIBLE ENTRY AND UNLAWFUL DETAINER › Section 6-312 - JUDGMENT BY DEFAULT.

6-312. JUDGMENT BY DEFAULT. If, at any time appointed, the defendant do [does] not appear and defend, the court must enter his default and render judgment in favor of the plaintiff as prayed for in the complaint.
History:
[(6-312) C.C.P. 1881, sec. 806; R.S., R.C., & C.L., sec. 5102; C.S., sec. 7331; I.C.A., sec. 9-312.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 3 - FORCIBLE ENTRY AND UNLAWFUL DETAINER › Section 6-313 - TRIAL BY JURY.

6-313. TRIAL BY JURY. Whenever an issue of fact is presented by the pleadings it must be tried by a jury, unless such jury be waived as in other cases. The jury shall be formed in the same manner as other trial juries in the court in which the action is pending.
History:
[(6-313) C.C.P. 1881, sec. 808; R.S., R.C., & C.L., sec. 5103; C.S., sec. 7332; I.C.A., sec. 9-313.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 3 - FORCIBLE ENTRY AND UNLAWFUL DETAINER › Section 6-314 - SUFFICIENCY OF EVIDENCE — DEFENSES.

6-314. SUFFICIENCY OF EVIDENCE — DEFENSES. On the trial of any proceeding for any forcible entry or forcible detainer, the plaintiff shall only be required to show, in addition to the forcible entry or forcible detainer complained of, that he was peaceably in the actual possession at the time of the forcible entry, or was entitled to the possession at the time of the forcible detainer. The defendant may show in his defense that he or his ancestors, or those whose interest in such premises he claims, have been in the quiet possession thereof for the space of one whole year together next before the commencement of the proceedings, and that his interest therein is not then ended or determined; and such showing is a bar to the proceedings.
History:
[(6-314) C.C.P. 1881, sec. 809; R.S., R.C., & C.L., sec. 5104; C.S., sec. 7333; I.C.A., sec. 9-314.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 3 - FORCIBLE ENTRY AND UNLAWFUL DETAINER › Section 6-315 - AMENDMENT OF COMPLAINT.

6-315. AMENDMENT OF COMPLAINT. When, upon the trial of any proceeding under this chapter, it appears from the evidence that the defendant has been guilty of either a forcible entry or a forcible or unlawful detainer, and other than the offense charged in the complaint, the judge must order that such complaint be forthwith amended to conform to such proofs. Such amendment must be without any imposition of terms. No continuance shall be permitted upon account of such amendment unless the defendant, by affidavit filed, shows to the satisfaction of the court good cause therefor.
History:
[(6-315) C.C.P. 1881, sec. 810; R.S., R.C., & C.L., sec. 5105; C.S., sec. 7334; I.C.A., sec. 9-315.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 3 - FORCIBLE ENTRY AND UNLAWFUL DETAINER › Section 6-317 - TREBLE DAMAGES.

6-317. TREBLE DAMAGES. If a landlord or a tenant recovers damages for a forcible or unlawful entry in or upon, or detention of, any building or other tract of land, or for an action brought pursuant to section 6-320, Idaho Code, or for an action brought against a tenant or in bad faith pursuant to section 6-310(3), Idaho Code, judgment may be entered for three (3) times the amount at which the actual damages are assessed.
History:
[(6-317) C.C.P. 1881, sec. 475; R.S., R.C., & C.L., sec. 4533; C.S., sec. 6960; I.C.A., sec. 9-317; am. 1977, ch. 45, sec. 2, p. 81; am. 2017, ch. 276, sec. 4, p. 726.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 3 - FORCIBLE ENTRY AND UNLAWFUL DETAINER › Section 6-318 - PLEADINGS MUST BE VERIFIED.

6-318. PLEADINGS MUST BE VERIFIED. The complaint and answer must be verified.
History:
[(6-318) C.C.P. 1881, sec. 812; R.S., R.C., & C.L., sec. 5107; C.S., sec. 7336; I.C.A., sec. 9-318.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 3 - FORCIBLE ENTRY AND UNLAWFUL DETAINER › Section 6-319 - APPEAL AS STAY.

6-319. APPEAL AS STAY. An appeal taken by the defendant does not stay proceedings upon the judgment unless the court so directs.
History:
[(6-319) C.C.P. 1881, sec. 813; R.S., R.C., & C.L., sec. 5108; C.S., sec. 7337; I.C.A., sec. 9-319.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 3 - FORCIBLE ENTRY AND UNLAWFUL DETAINER › Section 6-321 - SECURITY DEPOSITS.

6-321. SECURITY DEPOSITS. (1) Amounts deposited by a tenant with a landlord for any purpose other than the payment of rent shall be deemed security deposits. Upon termination of a lease or rental agreement and surrender of the premises by the tenant all amounts held by the landlord as a security deposit shall be refunded to the tenant, except amounts necessary to cover the contingencies specified in the deposit arrangement. The landlord shall not retain any part of a security deposit to cover normal wear and tear. "Normal wear and tear" means that deterioration which occurs based upon the use for which the rental unit is intended and without negligence, carelessness, accident, or misuse or abuse of the premises or contents by the tenant or members of his household, or their invitees or guests.
(2) Refunds shall be made within twenty-one (21) days if no time is fixed by agreement and, in any event, within thirty (30) days after surrender of the premises by the tenant. Any refunds in an amount less than the full amount deposited by the tenant shall be accompanied by a signed statement itemizing the amounts lawfully retained by the landlord, the purpose for the amounts retained, and a detailed list of expenditures made from the deposit.
(3) If security deposits have been made as to a particular rental or lease property, and the property changes ownership during a tenancy, the new owner shall be liable for refund of the deposits.
(4) A security deposit for a residential rental premises that is managed by a third-party manager of a landlord shall be maintained in a separate account at a federally insured financial institution. Such account shall be maintained separate from the third-party agent’s operating account. The requirements of this subsection shall not apply to a property owner, managers who have common members or principals of the property owner entity, a real estate licensee, or a nonprofit business organization as established under chapter 30, title 30, Idaho Code.
History:
[6-321, added 1977, ch. 45, sec. 5, p. 83; am. 2021, ch. 197, sec. 1, p. 545.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 3 - FORCIBLE ENTRY AND UNLAWFUL DETAINER › Section 6-322 - RULES OF PRACTICE IN GENERAL.

6-322. RULES OF PRACTICE IN GENERAL. The provisions of this code relative to civil actions, appeals and new trials, so far as they are not inconsistent with the provisions of this chapter, apply to the proceedings mentioned in this chapter.
History:
[6-322, added 1977, ch. 45, sec. 6, p. 83.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 3 - FORCIBLE ENTRY AND UNLAWFUL DETAINER › Section 6-323 - SERVICE OF NOTICE TO LANDLORD.

6-323. SERVICE OF NOTICE TO LANDLORD. The notice required by section 6-320(d), Idaho Code, shall be served either:
(1) By delivering a copy to the landlord or his agent personally; or
(2) If the landlord or his agent is absent from his usual place of business, by leaving a copy with an employee at the usual place of business of the landlord or his agent; or
(3) By sending a copy of the notice to the landlord or his agent by United States Postal Service certified mail, return receipt requested.
History:
[6-323, added 1977, ch. 45, sec. 7, p. 84.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 3 - FORCIBLE ENTRY AND UNLAWFUL DETAINER › Section 6-324 - ATTORNEY FEES.

6-324. ATTORNEY FEES. In any action brought under the provisions of this chapter, except in those cases where treble damages are awarded, the prevailing party shall be entitled to an award of attorney fees. For attorney fees to be awarded in cases requiring the three (3) days’ notice as set forth in section 6-303 2., Idaho Code, it shall be necessary that the three (3) days’ notice advise the tenant that attorney fees shall be awarded to the prevailing party.
History:
[6-324, added 1985, ch. 144, sec. 1, p. 389.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 4 - QUIETING TITLE — OTHER PROVISIONS RELATING TO ACTIONS CONCERNING REAL ESTATE › Section 6-401 - ACTIONS TO QUIET TITLE.

6-401. ACTIONS TO QUIET TITLE. An action may be brought by any person against another who claims an estate or interest in real or personal property adverse to him, for the purpose of determining such adverse claim, provided that all actions to adjudicate water rights and obtain a decree as to water source, quantity, point of diversion, place of use, nature of use, period of use, and priority as against other water users shall be brought under the provisions of chapter 14, title 42, Idaho Code.
History:
[(6-401) C.C.P. 1881, sec. 476; R.S., R.C., & C.L., sec. 4538; C.S., sec. 6961; I.C.A., sec. 9-401; am. 1937, ch. 22, sec. 1, p. 32; am. 1981, ch. 265, sec. 1, p. 561.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 4 - QUIETING TITLE — OTHER PROVISIONS RELATING TO ACTIONS CONCERNING REAL ESTATE › Section 6-402 - DISCLAIMER OR DEFAULT — COSTS.

6-402. DISCLAIMER OR DEFAULT — COSTS. If the defendant in such action disclaim in his answer any interest or estate in the property, or suffer judgment to be taken against him without answer, the plaintiff can not recover costs.
History:
[(6-402) C.C.P. 1881, sec. 477; R.S., R.C., & C.L., sec. 4539; C.S., sec. 6962; I.C.A., sec. 9-402.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 4 - QUIETING TITLE — OTHER PROVISIONS RELATING TO ACTIONS CONCERNING REAL ESTATE › Section 6-403 - TERMINATION OF PLAINTIFF’S RIGHT.

6-403. TERMINATION OF PLAINTIFF’S RIGHT. In an action for the recovery of real property, where the plaintiff shows a right to recover at the time the action was commenced but it appears that his 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:
[(6-403) C.C.P. 1881, sec. 478; R.S., R.C., & C.L., sec. 4540; C.S., sec. 6963; I.C.A., sec. 9-403.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 4 - QUIETING TITLE — OTHER PROVISIONS RELATING TO ACTIONS CONCERNING REAL ESTATE › Section 6-404 - VALUE OF IMPROVEMENTS AS SET-OFF.

6-404. VALUE OF IMPROVEMENTS AS SET-OFF. When damages are claimed for withholding the property recovered, upon which permanent improvements have been made by a defendant, or those under whom he claims, holding under color of title adversely to the claim of the plaintiff, in good faith, the value of such improvements must be allowed as a set-off against such damages.
History:
[(6-404) C.C.P. 1881, sec. 470; R.S., R.C., & C.L., sec. 4541; C.S., sec. 6964; I.C.A., sec. 9-404.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 4 - QUIETING TITLE — OTHER PROVISIONS RELATING TO ACTIONS CONCERNING REAL ESTATE › Section 6-406 - FORM AND SERVICE OF ORDER — RIGHTS UNDER.

6-406. FORM AND SERVICE OF ORDER — RIGHTS UNDER. The order must describe the property, and a copy thereof must be served on the owner or occupant; and thereupon such party may enter upon the property, with necessary surveyors and assistants, and make such survey and measurement, but if any unnecessary injury be done to the property he is liable therefor.
History:
[(6-406) C.C.P. 1881, sec. 481; R.S., R.C., & C.L., sec. 4543; C.S., sec. 6966; I.C.A., sec. 9-406.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 4 - QUIETING TITLE — OTHER PROVISIONS RELATING TO ACTIONS CONCERNING REAL ESTATE › Section 6-407 - INJURY PENDING FORECLOSURE OR CONVEYANCE AFTER EXECUTION SALE — INJUNCTION.

6-407. INJURY PENDING FORECLOSURE OR CONVEYANCE AFTER EXECUTION SALE — INJUNCTION. The court may, by injunction, on good cause shown, restrain the party in possession from doing any act to the injury of real property during the foreclosure of a mortgage thereon, or after a sale on execution before a conveyance.
History:
[(6-407) C.C.P. 1881, sec. 483; R.S., R.C., & C.L., sec. 4544; C.S., sec. 6967; I.C.A., sec. 9-407.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 4 - QUIETING TITLE — OTHER PROVISIONS RELATING TO ACTIONS CONCERNING REAL ESTATE › Section 6-408 - INJURY PENDING CONVEYANCE AFTER SALE — DAMAGES.

6-408. INJURY PENDING CONVEYANCE AFTER SALE — DAMAGES. When real property has been sold on execution, the purchaser thereof, or any person who may have succeeded to his interest, or any redemptioner, may, after his estate becomes absolute, recover damages for injury to the property by the tenant in possession after sale, and before possession is delivered under the conveyance.
History:
[(6-408) C.C.P. 1881, sec. 484; R.S., R.C., & C.L., sec. 4545; C.S., sec. 6968; I.C.A., sec. 9-408.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 4 - QUIETING TITLE — OTHER PROVISIONS RELATING TO ACTIONS CONCERNING REAL ESTATE › Section 6-409 - ALIENATION PENDING SUIT.

6-409. ALIENATION PENDING SUIT. An action for the recovery of real property against a person in possession cannot be prejudiced by any alienation made by such person, either before or after the commencement of the action.
History:
[(6-409) C.C.P. 1881, sec. 485; R.S., R.C., & C.L., sec. 4546; C.S., sec. 6969; I.C.A., sec. 9-409.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 4 - QUIETING TITLE — OTHER PROVISIONS RELATING TO ACTIONS CONCERNING REAL ESTATE › Section 6-410 - MINING CUSTOMS ADMISSIBLE IN EVIDENCE.

6-410. MINING CUSTOMS ADMISSIBLE IN EVIDENCE. In actions respecting mining claims, proof must be admitted of the customs, usages or regulations established and in force at the bar or diggings embracing such claim, and such customs, usages or regulations, when not in conflict with the laws of this state, must govern the decision of the action.
History:
[(6-410) C.C.P. 1881, sec. 486; R.S., R.C., & C.L., sec. 4547; C.S., sec. 6970; I.C.A., sec. 9-410.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 4 - QUIETING TITLE — OTHER PROVISIONS RELATING TO ACTIONS CONCERNING REAL ESTATE › Section 6-411 - QUIET TITLE ACTION — MAINTENANCE AGAINST MORTGAGE BARRED BY STATUTE OF LIMITATIONS.

6-411. QUIET TITLE ACTION — MAINTENANCE AGAINST MORTGAGE BARRED BY STATUTE OF LIMITATIONS. An action may be maintained to quiet title to lands against any mortgage, the enforcement and collection of which is barred by the Statute of Limitations of the State of Idaho, and which, except for the fact that its collection and enforcement is so barred, would constitute a lien upon such lands.
History:
[6-411, added 1951, ch. 117, sec. 1, p. 272.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 4 - QUIETING TITLE — OTHER PROVISIONS RELATING TO ACTIONS CONCERNING REAL ESTATE › Section 6-412 - QUIET TITLE ACTION — MAINTENANCE AGAINST JUDGMENT BARRED BY STATUTE OF LIMITATIONS.

6-412. QUIET TITLE ACTION — MAINTENANCE AGAINST JUDGMENT BARRED BY STATUTE OF LIMITATIONS. An action may be maintained to quiet title to lands against any judgment, the enforcement and collection of which is barred by the Statute of Limitations of the State of Idaho and which, except for the fact that its collection and enforcement is so barred by the Statute of Limitations, would constitute a lien upon said lands.
History:
[6-412, added 1951, ch. 117, sec. 2, p. 272.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 4 - QUIETING TITLE — OTHER PROVISIONS RELATING TO ACTIONS CONCERNING REAL ESTATE › Section 6-413 - QUIET TITLE ACTION — DECREE.

6-413. QUIET TITLE ACTION — DECREE. The party seeking to maintain such action shall be entitled to a decree quieting title to his lands against the lien of any such judgment or mortgage upon proof that the collection and enforcement of such judgment or mortgage is barred by the Statute of Limitations and without the necessity of proving that any such judgment or the indebtedness secured by any such mortgage has been paid.
History:
[6-413, added 1951, ch. 117, sec. 3, p. 272.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 4 - QUIETING TITLE — OTHER PROVISIONS RELATING TO ACTIONS CONCERNING REAL ESTATE › Section 6-414 - OCCUPANT OF REAL ESTATE — STAY OF EXECUTION FOR POSSESSION — WHEN AUTHORIZED.

6-414. OCCUPANT OF REAL ESTATE — STAY OF EXECUTION FOR POSSESSION — WHEN AUTHORIZED. Where an occupant of real estate has color of title thereto, and in good faith has made valuable improvements thereon, and is afterwards in a proper action found not to be the owner, no execution shall issue to put the owner in possession of the same after the filing of an action as hereinafter provided, until the provisions of this act have been complied with; provided said occupant may elect, after filing of the action, to exercise his right to remove such improvements if it can be done without injury otherwise to such real estate.
History:
[6-414, added 1972, ch. 118, sec. 1, p. 234.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 4 - QUIETING TITLE — OTHER PROVISIONS RELATING TO ACTIONS CONCERNING REAL ESTATE › Section 6-415 - OCCUPANT OF REAL ESTATE — OWNER’S COMPLAINT FOR POSSESSION — CONTENTS — TRIAL.

6-415. OCCUPANT OF REAL ESTATE — OWNER’S COMPLAINT FOR POSSESSION — CONTENTS — TRIAL. Such complaint must set forth the grounds on which the owner seeks relief, stating as accurately as practicable the value of the real estate, exclusive of the improvements thereon made by the claimant or his grantors, and the value of such improvements. The issues joined thereon must be tried by the court, and the value of the real estate and of such improvements must be separately ascertained on the trial.
History:
[6-415, added 1972, ch. 118, sec. 2, p. 234.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 4 - QUIETING TITLE — OTHER PROVISIONS RELATING TO ACTIONS CONCERNING REAL ESTATE › Section 6-416 - OCCUPANT OF REAL ESTATE — DETERMINATION OF RIGHT TO POSSESSION — TENANTS IN COMMON — PARTITION PROCEDURE.

6-416. OCCUPANT OF REAL ESTATE — DETERMINATION OF RIGHT TO POSSESSION — TENANTS IN COMMON — PARTITION PROCEDURE. The owner in the main action may thereupon pay the value of the improvements determined on trial and take the property, but should he fail to do so after a reasonable time not to exceed one (1) year, to be fixed by the court, the claimant may take the property upon paying its value determined on trial, less any amount paid by claimant or his predecessor on a judicial or tax sale, exclusive of the improvements. If this is not done within said time, to be fixed by the court, the parties will be held to be tenants in common of all the real estate, including the improvements, each holding an interest proportionate to the values ascertained on the trial; provided, further, that thereafter, upon the motion of either party, proceedings may be had for partition thereof in accordance with chapter 5, title 6, Idaho Code.
History:
[6-416, added 1972, ch. 118, sec. 3, p. 234; am. 2020, ch. 82, sec. 2, p. 175.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 4 - QUIETING TITLE — OTHER PROVISIONS RELATING TO ACTIONS CONCERNING REAL ESTATE › Section 6-417 - COLOR OF TITLE — DEFINITION.

6-417. COLOR OF TITLE — DEFINITION. For definition in this act, a person having color of title shall include (a) a purchaser in good faith at any judicial or tax sale made by the proper person or officer, whether such person or officer has sufficient authority to sell or not, unless such want of authority was known to such purchaser at the time of the sale; and (b) a person who has occupied a tract of real estate if he, or those under whom he claims, have at any time during such occupancy with the knowledge or consent, express or implied, of the real owner made any valuable improvements thereon; a person’s rights shall pass to his assignees or representatives; but nothing in this act shall be construed to give tenants color of title (i) against their landlords or (ii) against the state of Idaho or any subdivision thereof.
History:
[6-417, added 1972, ch. 118, sec. 4, p. 234.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 4 - QUIETING TITLE — OTHER PROVISIONS RELATING TO ACTIONS CONCERNING REAL ESTATE › Section 6-418 - OCCUPANT OF REAL ESTATE — OWNER’S RIGHT TO POSSESSION — LIMITATIONS.

6-418. OCCUPANT OF REAL ESTATE — OWNER’S RIGHT TO POSSESSION — LIMITATIONS. The owner in the main action is entitled to an execution to put him in possession of his property in accordance with the provisions of this act, but not otherwise.
History:
[6-418, added 1972, ch. 118, sec. 5, p. 234.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-501 - WHEN PARTITION MAY BE HAD.

6-501. WHEN PARTITION MAY BE HAD. When several cotenants hold and are in possession of real property as parceners, joint tenants or tenants in common, in which one (1) or more of them have an estate of inheritance, or for life or lives, or for years, an action may be brought by one (1) 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 great prejudice to the owners.
History:
[(6-501) C.C.P. 1881, sec. 487; R.S., R.C., & C.L., sec. 4560; C.S., sec. 6976; I.C.A., sec. 9-501.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-502 - COMPLAINT — ALLEGATIONS OF INTERESTS OF PARTIES.

6-502. COMPLAINT — ALLEGATIONS OF INTERESTS OF PARTIES. The interests of all 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 (1) or more of the parties, or the share or quantity of interest of any one of the parties be unknown to the plaintiff, or be uncertain or contingent, or the ownership of the inheritance depend upon an 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:
[(6-502) C.C.P. 1881, sec. 488; R.S., R.C., & C.L., sec. 4561; C.S., sec. 6977; I.C.A., sec. 9-502.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-503 - PARTIES — LIENHOLDERS AND PURCHASERS OF RECORD.

6-503. PARTIES — LIENHOLDERS AND PURCHASERS OF RECORD. No person having a conveyance of, or claiming a lien on, the property, or of some part of it, need be made a party to the action, unless such conveyance or lien appear of record.
History:
[(6-503) C.C.P. 1881, sec. 489; R.S., R.C., & C.L., sec. 4562; C.S., sec. 6978; I.C.A., sec. 9-503.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-504 - LIS PENDENS — FILING AND EFFECT.

6-504. LIS PENDENS — FILING AND EFFECT. Immediately after filing the complaint in the district court the plaintiff must file with the recorder of the county, or of the several counties in which the property is situated, either a copy of such complaint or a notice of the pendency of the action, containing the names of the parties so far as known, the object of the action, and a description of the property to be affected thereby. From the time of the filing it shall be deemed notice to all persons.
History:
[(6-504) C.C.P. 1881, sec. 490; R.S., R.C., & C.L., sec. 4563; C.S., sec. 6979; I.C.A., sec. 9-504.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-505 - SUMMONS — HOW DIRECTED.

6-505. SUMMONS — HOW DIRECTED. The summons must be directed to all the joint tenants and tenants in common, and all persons having any 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:
[(6-505) C.C.P. 1881, sec. 491; R.S., R.C., & C.L., sec. 4564; C.S., sec. 6980; I.C.A., sec. 9-505.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-506 - SERVICE BY PUBLICATION.

6-506. SERVICE BY PUBLICATION. If a party having a share or interest is unknown, or any one of the known parties reside 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. When publication is made, the summons, as published, must be accompanied by a brief description of the property which is the subject of the action.
History:
[(6-506) C.C.P. 1881, sec. 492; R.S., R.C., & C.L., sec. 4565; C.S., sec. 6981; I.C.A., sec. 9-506.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-507 - ANSWER.

6-507. ANSWER. 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 must state the original amount and date of the same, and the sum remaining due thereon, also whether the same has been secured in any other way or not; and if secured, the nature and extent of such security, or they are deemed to have waived their right to such lien.
History:
[(6-507) C.C.P. 1881, sec. 493; R.S., R.C., & C.L., sec. 4566; C.S., sec. 6982; I.C.A., sec. 9-507.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-508 - RIGHTS OF ALL PARTIES MAY BE DETERMINED.

6-508. RIGHTS OF ALL PARTIES MAY BE DETERMINED. The rights of the several parties, plaintiff as well as defendant, may be put in issue, tried and determined in such action; and when a sale of the premises is necessary, the title must be ascertained by proof to the satisfaction of the court before the judgment of sale can be made; and where service of the complaint has been made by publication, like proof must be required of the right of the absent or unknown parties before such judgment is rendered, except that where there are several unknown persons having an interest in the property, their rights may be considered together in the action, and not as between themselves.
History:
[(6-508) C.C.P. 1881, sec. 494; R.S., R.C., & C.L., sec. 4567; C.S., sec. 6983; I.C.A., sec. 9-508.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-509 - PARTIAL PARTITION.

6-509. PARTIAL PARTITION. Whenever from any cause it is, in the opinion of the court, impracticable or highly inconvenient to make a complete partition in the first instance among all the parties in interest, the court may first ascertain and determine the shares or interests respectively held by the original cotenants, and thereupon adjudge and cause a partition to be made as if such original cotenants were the parties and sole parties in interest and the only parties to the action, and thereafter may proceed in like manner to adjudge and make partition separately of each share or portion so ascertained and allotted as between those claiming under the original tenant to whom the same shall have been so set apart, or may allow them to remain tenants in common thereof as they may desire.
History:
[(6-509) C.C.P. 1881, sec. 495; R.S., R.C., & C.L., sec. 4568; C.S., sec. 6984; I.C.A., sec. 9-509.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-510 - LIENHOLDERS — DETERMINATION OF RIGHTS.

6-510. LIENHOLDERS — DETERMINATION OF RIGHTS. If it appears to the court, by the certificate of the county recorder or clerk, 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:
[(6-510) C.C.P. 1881, sec. 496; R.S., R.C., & C.L., sec. 4569; C.S., sec. 6985; I.C.A., sec. 9-510.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-511 - NOTICE TO LIENHOLDERS.

6-511. NOTICE TO LIENHOLDERS. The plaintiff must cause a notice to be served a reasonable time previous to the day for appearance before the referee appointed as provided in the last section, 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 his own affidavit or otherwise, of the amount due or to become due, contingently or absolutely thereon. In case such person be absent or his residence be unknown, service may be made by publication or notice to his agents, under the direction of the court, in such manner as may be proper. The report of the referee thereon 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:
[(6-511) C.C.P. 1881, sec. 497; R.S., R.C., & C.L., sec. 4570; C.S., sec. 6986; I.C.A., sec. 9-511.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-512 - PARTITION — SALE — REFEREES.

6-512. PARTITION — SALE — REFEREES. If it be alleged in the complaint and established by evidence, or if it appear by the evidence without such allegation in the complaint, to the satisfaction of the court, that the property, or any part of it, is so situated that partition cannot be made without great prejudice to the owners, the court may order a sale thereof. Otherwise, upon the requisite proofs being made, it must order a partition according to the respective rights of the parties as ascertained by the court, and appoint three (3) referees therefor; and must designate the portion to remain undivided for the owners whose interests remain unknown, or are not ascertained.
History:
[(6-512) C.C.P. 1881, sec. 498; R.S., R.C., & C.L., sec. 4571; C.S., sec. 6987; I.C.A., sec. 9-512.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-513 - DUTIES OF REFEREES.

6-513. DUTIES OF REFEREES. In making the partition the referees must divide the property and allot the several portions thereof to the respective parties, quality and quantity relatively considered, according to the respective rights of the parties as determined by the court, pursuant to the provisions of this chapter, designating the several portions by proper landmarks, and may employ a surveyor with the necessary assistants to aid them.
History:
[(6-513) C.C.P. 1881, sec. 499; R.S., R.C., & C.L., sec. 4572; C.S., sec. 6988; I.C.A., sec. 9-513.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-514 - REPORT OF REFEREES.

6-514. REPORT OF REFEREES. The referees must make a report of their proceedings, specifying the manner in which they executed their trust, and describing the property divided, and the shares allotted to each party, with a particular description of each share.
History:
[(6-514) C.C.P. 1881, sec. 500; R.S., R.C., & C.L., sec. 4573; C.S., sec. 6989; I.C.A., sec. 9-514.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-515 - REPORT OF REFEREES — CONFIRMATION — JUDGMENT.

6-515. REPORT OF REFEREES — CONFIRMATION — JUDGMENT. The court may confirm, change, modify or set aside the report, and if necessary appoint new referees. Upon the report being confirmed, judgment must be rendered that such partition be effectual forever, which judgment is binding and conclusive:
1. On all persons named as parties to the action, and their legal representatives, who have at the time any interest in the property divided, or any part thereof, as owners in fee or as tenants for life or for years, or as entitled to the reversion, remainder, or the inheritance of such property, or of any part thereof, after the determination of a particular estate therein, and who by any contingency may be entitled to a beneficial interest in the property, or who have an interest in any undivided share thereof, as tenants for years or for life.
2. On all persons interested in the property, who may be unknown, to whom notice has been given of the action for partition by publication.
3. On all other persons claiming from such parties or persons or either of them. And no judgment is invalidated by reason of the death of any party before final judgment or decree; but such judgment or decree is as conclusive against the heirs, legal representatives or assigns of such decedent as if it had been entered before his death.
History:
[(6-515) C.C.P. 1881, sec. 501; R.S., R.C., & C.L., sec. 4574; C.S., sec. 6990; I.C.A., sec. 9-515.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-516 - EFFECT OF JUDGMENT ON TENANTS FOR YEARS.

6-516. EFFECT OF JUDGMENT ON TENANTS FOR YEARS. The judgment does not affect tenants for years less than ten (10) to the whole of the property which is the subject of the partition.
History:
[(6-516) C.C.P. 1881, sec. 502; R.S., R.C., & C.L., sec. 4575; C.S., sec. 6991; I.C.A., sec. 9-516.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-517 - ALLOWANCE OF EXPENSES OF REFEREES.

6-517. ALLOWANCE OF EXPENSES OF REFEREES. The expenses of the referees, including those of a surveyor and his assistants when employed, must be ascertained and allowed by the court, and the amount thereof, together with the fees allowed by the court, in its discretion, to the referees, must be apportioned among the different parties to the action equitably.
History:
[(6-517) C.C.P. 1881, sec. 503; R.S., R.C., & C.L., sec. 4576; C.S., sec. 6992; I.C.A., sec. 9-517.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-518 - LIEN ON UNDIVIDED INTEREST — CHARGE ON SHARE ASSIGNED TO LIENOR.

6-518. LIEN ON UNDIVIDED INTEREST — CHARGE ON SHARE ASSIGNED TO LIENOR. When a lien is on an undivided interest or estate of any of the parties, such lien, if a partition be made, shall thenceforth be a charge only on the share assigned to such party; but such share must first be charged with its just proportion of the costs of the partition, in preference to such lien.
History:
[(6-518) C.C.P. 1881, sec. 504; R.S., R.C., & C.L., sec. 4577; C.S., sec. 6993; I.C.A., sec. 9-518.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-519 - ESTATE FOR LIFE OR YEARS MAY BE SET OFF.

6-519. ESTATE FOR LIFE OR YEARS MAY BE SET OFF. When a part of the property only is ordered to be sold, if there be an estate for life or years in an undivided share of the whole property, such estate may be set off in any part of the property not ordered to be sold.
History:
[(6-519) C.C.P. 1881, sec. 505; R.S., R.C., & C.L., sec. 4578; C.S., sec. 6994; I.C.A., sec. 9-519.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-520 - APPLICATION OF PROCEEDS OF SALE OF ENCUMBERED PROPERTY.

6-520. APPLICATION OF PROCEEDS OF SALE OF ENCUMBERED PROPERTY. The proceeds of the sale of encumbered property must be applied under the direction of the court as follows:
1. To pay its just proportion of the general costs of the action.
2. To pay the costs of the reference.
3. To satisfy and cancel of record the several liens in their order of priority, by payment of the sums due and to become due; the amount due to be verified by affidavit at the time of payment.
4. The residue among the owners of the property sold, according to their respective shares therein.
History:
[(6-520) C.C.P. 1881, sec. 506; R.S., R.C., & C.L., sec. 4579; C.S., sec. 6995; I.C.A., sec. 9-520.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-521 - RESORT TO OTHER SECURITIES COMPELLED.

6-521. RESORT TO OTHER SECURITIES COMPELLED. Whenever any party to an action who holds a lien upon the property, or any part thereof, has other securities for the payment of the amount of such lien, the court may, in its discretion, order such securities to be exhausted before a distribution of the proceeds of sale, or may order a just reduction to be made from the amount of the lien on the property on account thereof.
History:
[(6-521) C.C.P. 1881, sec. 507; R.S., R.C., & C.L., sec. 4580; C.S., sec. 6996; I.C.A., sec. 9-521.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 5 - PARTITION OF REAL ESTATE › Section 6-522 - DISTRIBUTION OF PROCEEDS.

6-522. DISTRIBUTION OF PROCEEDS. The proceeds of sale and the securities taken by the referees, or any part thereof, must be distributed by them to the persons entitled thereto, whenever the court so directs. But in case no direction be given, all of such proceeds and securities must be paid into court or deposited therein, or as directed by the court.
History:
[(6-522) C.C.P. 1881, sec. 508; R.S., R.C., & C.L., sec. 4581; C.S., sec. 6997; I.C.A., sec. 9-522.]