Montana Statutes
§ 25-13-307 — Execution Requiring Delivery Of Possession Of Property
25-13-307 . Execution requiring delivery of possession of property. If the writ be for the delivery of the possession of real or personal property, it must require the sheriff or levying officer to deliver the possession of the same, particularly describing it, to the party entitled thereto and may at any time require the sheriff or levying officer to satisfy any costs, damages, rents, or profits recovered by the same judgment out of the personal property of the person against whom it was rendered, the value of the property for which the judgment was rendered to be specified therein, if a delivery cannot be had, and if sufficient personal property cannot be found, then out of the real property, as provided in 25-13-305 .
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Legislative History
En. Sec. 184, p. 79, Bannack Stat.; re-en. Sec. 210, p. 176, L. 1867; re-en. Sec. 251, p. 80, Cod. Stat. 1871; re-en. Sec. 302, p. 118, L. 1877; re-en. Sec. 302, 1st Div. Rev. Stat. 1879; re-en. Sec. 313, 1st Div. Comp. Stat. 1887; amd. Sec. 1211, C. Civ. Proc. 1895; re-en. Sec. 6814, Rev. C. 1907; re-en. Sec. 9417, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 682; re-en. Sec. 9417, R.C.M. 1935; R.C.M. 1947, 93-5802(4); amd. Sec. 24, Ch. 548, L. 1987.
Nearby Sections
15
§ 25-13-101
Time Limit For Issuing Execution§ 25-13-102
Repealed§ 25-13-103
Execution After Death Of Party§ 25-13-105
Compelling Repayment -- Surety On Appeal§ 25-13-202
Judgments Requiring The Sale Of Property§ 25-13-204
Enforcement Of Order To Pay Money§ 25-13-205
Judgments Against County Or County Officer§ 25-13-206
Through 25-13-210 Reserved§ 25-13-211
Notification Of Seizure§ 25-13-301
Form And Contents Of Writ