reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 70. Property › Chapter 28. Quieting Title to Real Property › Part 1. Quieting Title Generally › 70-28-102. General procedural provisions applicable

70-28-102. General procedural provisions applicable.
The provisions of Title 25, chapter 3, parts 2 and 3, and Rules 4 and 12(a), M.R.Civ.P., so far as they are not in conflict with this part, are applicable to the action herein provided for.
History: En. Sec. 2, Ch. 113, L. 1915; re-en. Sec. 9486, R.C.M. 1921; re-en. Sec. 9486, R.C.M. 1935; R.C.M. 1947, 93-6209; amd. Sec. 22, Ch. 115, L. 1979.
2023 Montana Code Annotated › Title 70. Property › Chapter 28. Quieting Title to Real Property › Part 1. Quieting Title Generally › 70-28-103. Venue

70-28-103. Venue.
All actions brought under 70-28-101 must be brought in the county in which the real estate or a portion thereof, as to which the title is sought to be quieted, is situated; provided that if the real estate is situated in more than one county, said action may be brought and prosecuted in either of said counties, and a transcript of the original judgment certified by the clerk of court shall be filed in the office of the clerk of court in the county other than which the action was brought in which any of the real estate affected thereby is situated.
History: En. Sec. 233, p. 92, Bannack Stat.; re-en. Sec. 254, p. 188, L. 1867; re-en. Sec. 303, p. 94, Cod. Stat. 1871; re-en. Sec. 354, p. 138, L. 1877; re-en. Sec. 354, 1st Div. Rev. Stat. 1879; re-en. Sec. 366, 1st Div. Comp. Stat. 1887; amd. Sec. 1310, C. Civ. Proc. 1895; re-en. Sec. 6870, Rev. C. 1907; amd. Sec. 1, Ch. 113, L. 1915; re-en. Sec. 9479, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 738; amd. Sec. 1, Ch. 70, L. 1931; re-en. Sec. 9479, R.C.M. 1935; R.C.M. 1947, 93-6203(part).
2023 Montana Code Annotated › Title 70. Property › Chapter 28. Quieting Title to Real Property › Part 1. Quieting Title Generally › 70-28-104. Parties defendant -- unknown claimants

70-28-104. Parties defendant -- unknown claimants.
(1) In any action brought under 70-28-101 and 70-28-103, the plaintiff may join as defendants any or all persons, known or unknown, claiming or who might claim any right, title, estate, or interest in or lien or encumbrance upon the real property described in the complaint adverse to plaintiff's ownership or any cloud upon plaintiff's title, whether the claim or possible claim be present or contingent, including the person or persons in possession if the plaintiff is not in possession.
(2) If the plaintiff desires to obtain a complete adjudication of the title to the real estate described in the complaint, the plaintiff may name as defendants all known persons who assert or who might assert any claim as specified in subsection (1) and may join as defendants all persons unknown who might make any claim by adding in the caption of the complaint in the action the words "and all other persons, unknown, claiming or who might claim any right, title, estate, or interest in or lien or encumbrance upon the real property described in the complaint adverse to plaintiff's ownership or any cloud upon plaintiff's title, whether the claim or possible claim is present or contingent".
History: En. Sec. 2, Ch. 113, L. 1915; re-en. Sec. 9480, R.C.M. 1921; re-en. Sec. 9480, R.C.M. 1935; R.C.M. 1947, 93-6204; amd. Sec. 182, Ch. 575, L. 1981; amd. Sec. 2200, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 28. Quieting Title to Real Property › Part 1. Quieting Title Generally › 70-28-105. Maintenance of action when no known claimants

70-28-105. Maintenance of action when no known claimants.
If in any case there are no known claimants or possible claimants to any of the property involved in any action contemplated by 70-28-101 through 70-28-109, the action may nevertheless be maintained against all persons unknown claiming or who might claim any right, title, estate, or interest in or lien or encumbrance upon the real property described in the complaint or any part thereof adverse to plaintiff's ownership or any cloud upon plaintiff's title thereto, whether such claim or possible claim be present or contingent, including any claim or possible claim of dower, inchoate or accrued, and such action may be prosecuted to judgment in the same manner and with like effect as though there had been known claimants or possible claimants; and in any such case, the complaint, the affidavit for service by publication, the order for service by publication, and the decree shall state the facts and the summons shall be directed to such unknown persons.
History: En. Sec. 1, Ch. 68, L. 1939; re-en. Sec. 9488.1, R.C.M. 1935; R.C.M. 1947, 93-6212.
2023 Montana Code Annotated › Title 70. Property › Chapter 28. Quieting Title to Real Property › Part 1. Quieting Title Generally › 70-28-106. Notice of action to be filed with clerk and recorder

70-28-106. Notice of action to be filed with clerk and recorder.
Before any order for the publication of summons is granted as provided in Rule 4, M.R.Civ.P., the plaintiff shall file, in the office of the clerk and recorder of each county in which any of the property involved in the action is situated, a notice of the pendency of the action, signed by the plaintiff or the plaintiff's attorney. The notice must contain:
(1) the title of the court in which the action is filed;
(2) the full caption of the cause;
(3) a complete description of all the property involved in the action; and
(4) a statement of the relief sought by the plaintiff.
History: En. Sec. 2, Ch. 113, L. 1915; re-en. Sec. 9481, R.C.M. 1921; re-en. Sec. 9481, R.C.M. 1935; R.C.M. 1947, 93-6205; amd. Sec. 2201, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 28. Quieting Title to Real Property › Part 1. Quieting Title Generally › 70-28-107. Jurisdiction acquired by service -- complete adjudication -- judgment

70-28-107. Jurisdiction acquired by service -- complete adjudication -- judgment.
(1) Upon the service of summons on all defendants, known and unknown, in the manner provided in Rule 4, M.R.Civ.P., the court in which such action is tried shall have jurisdiction to make a complete adjudication of the title to the lands named in the complaint and the title to which is sought to be quieted, including jurisdiction to direct:
(a) the cancellation of instruments constituting clouds upon such title;
(b) the execution of conveyances where it appears that any party to such action should execute such conveyance or conveyances;
(c) the execution of satisfactions of mortgages and other apparent liens upon such land or any part thereof; or
(d) the doing of any other act of a personal nature necessary to give effect to the rights of the respective parties to such action, as the same may be adjudicated by the court.
(2) When any judgment or decree shall be rendered in such action for a conveyance, release, or acquittance, as above mentioned, and the party or parties against whom the judgment or decree shall be rendered do not comply therewith within the time specified in said judgment or decree for such compliance, such judgment or decree shall have the same operation and effect and be as available as if the conveyance, release, or acquittance had been executed conformably to such judgment or decree.
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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.