Montana § 70-19-305 Certificate Of Purchase From State Or United States Prima Facie Evidence Of Ownership

Montana Statutes

§ 70-19-305 — Certificate Of Purchase From State Or United States Prima Facie Evidence Of Ownership

Montana § 70-19-305

Title 70PROPERTY

Ch. 19REAL PROPERTY ACTIONS GENERALLY LIMITATIONS AND ADVERSE POSSESSION

Part 3Provisions and Limitations Relating to the State of Montana

This text of Montana § 70-19-305 (Certificate Of Purchase From State Or United States Prima Facie Evidence Of Ownership) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 70-19-305 (2026).

Text

70-19-305 . Certificate of purchase from state or United States prima facie evidence of ownership. A certificate of purchase or of location of any lands in this state issued or made in pursuance of any law of the United States or of this state is prima facie evidence that the holder or assignee of the certificate is the owner of the land described in the certificate, but this evidence may be overcome by proof that at the time of the location or time of filing a preemption claim on which the certificate may have been issued, the land was in the adverse possession of the adverse party or those under whom the adverse party claims or that the adverse party is holding the land for mining purposes.

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70-19-305 . Certificate of purchase from state or United States prima facie evidence of ownership. A certificate of purchase or of location of any lands in this state issued or made in pursuance of any law of the United States or of this state is prima facie evidence that the holder or assignee of the certificate is the owner of the land described in the certificate, but this evidence may be overcome by proof that at the time of the location or time of filing a preemption claim on which the certificate may have been issued, the land was in the adverse possession of the adverse party or those under whom the adverse party claims or that the adverse party is holding the land for mining purposes.

Legislative History

En. Sec. 3213, C. Civ. Proc. 1895; re-en. Sec. 7931, Rev. C. 1907; re-en. Sec. 10575, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1925; re-en. Sec. 10575, R.C.M. 1935; R.C.M. 1947, 93-1001-37; amd. Sec. 2136, Ch. 56, L. 2009.