Montana § 70-20-202 Extrinsic Evidence Not To Be Considered In Construction Of Deed -- Exceptions

Montana Statutes

§ 70-20-202 — Extrinsic Evidence Not To Be Considered In Construction Of Deed -- Exceptions

Montana·Title 70 PROPERTY·Ch. 20 TRANSFER OF REAL PROPERTY·Part 2 Construction of Grant

70-20-202 . Extrinsic evidence not to be considered in construction of deed -- exceptions.

(1)When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and therefore there can be between the parties and their representatives or successors in interest no evidence of the terms of the agreement other than the contents of the writing except in the following cases:

(a)where a mistake or imperfection of the writing is put in issue by the pleadings;

(b)where the validity of the agreement is the fact in dispute.

(2)But this section does not exclude other evidence of the circumstances under which the agreement was made or to which it relates, as defined in 1-4-102 , or to explain an extrinsic ambiguity or to establish illeg

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70-20-202 . Extrinsic evidence not to be considered in construction of deed -- exceptions. (1) When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and therefore there can be between the parties and their representatives or successors in interest no evidence of the terms of the agreement other than the contents of the writing except in the following cases:
(a) where a mistake or imperfection of the writing is put in issue by the pleadings;
(b) where the validity of the agreement is the fact in dispute.
(2) But this section does not exclude other evidence of the circumstances under which the agreement was made or to which it relates, as defined in 1-4-102 , or to explain an extrinsic ambiguity or to establish illegality or fraud.
(3) The term "agreement" includes deeds and wills as well as contracts between parties.

Montana § 70-20-202 (Extrinsic Evidence Not To Be Considered In Construction Of Deed -- Exceptions) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

En. Sec. 610, p. 198, L. 1877; re-en. Sec. 610, 1st Div. Rev. Stat. 1879; re-en. Sec. 628, 1st Div. Comp. Stat. 1887; re-en. Sec. 3132, C. Civ. Proc. 1895; re-en. Sec. 7873, Rev. C. 1907; re-en. Sec. 10517, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1856; re-en. Sec. 10517, R.C.M. 1935; R.C.M. 1947, 93-401-13.