Montana Statutes
§ 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.
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Legislative 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.
Nearby Sections
15
§ 70-28-101
Quiet Title Action Authorized§ 70-28-102
General Procedural Provisions Applicable§ 70-28-103
Venue§ 70-28-104
Parties Defendant -- Unknown Claimants§ 70-28-109
Who Bound By Judgment§ 70-28-112
Costs -- Attorney Fees§ 70-28-113
Order For Survey Or Measurement§ 70-28-201
Action Authorized§ 70-28-202
General Procedural Provisions Applicable