Montana § 70-29-112 Answer -- Contents

Montana Statutes

§ 70-29-112 — Answer -- Contents

Montana § 70-29-112

Title 70PROPERTY

Ch. 29PARTITION OF REAL PROPERTY

Part 1Preliminary Procedure

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Bluebook

Mont. Code Ann. § 70-29-112 (2026).

Text

70-29-112 . Answer -- contents. The defendants who have been personally served with the summons and a copy of the complaint or who have appeared without such service must set forth in their answers, fully and particularly, the origin, nature, and extent of their respective interests in the property, and if such defendants claim a lien on the property by mortgage, judgment, or otherwise, they are deemed to have waived their right to such lien unless they state:

(1)the original amount and date of the same and the sum remaining due thereon;

(2)whether the same has been secured in any other way or not; and

(3)if secured, the nature and extent of such security.

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70-29-112 . Answer -- contents. The defendants who have been personally served with the summons and a copy of the complaint or who have appeared without such service must set forth in their answers, fully and particularly, the origin, nature, and extent of their respective interests in the property, and if such defendants claim a lien on the property by mortgage, judgment, or otherwise, they are deemed to have waived their right to such lien unless they state:
(1) the original amount and date of the same and the sum remaining due thereon;
(2) whether the same has been secured in any other way or not; and
(3) if secured, the nature and extent of such security.

Legislative History

En. Sec. 498, p. 141, Bannack Stat.; amd. Sec. 270, p. 191, L. 1867; re-en. Sec. 319, p. 98, Cod. Stat. 1871; re-en. Sec. 370, p. 141, L. 1877; re-en. Sec. 370, 1st Div. Rev. Stat. 1879; re-en. Sec. 383, 1st Div. Comp. Stat. 1887; amd. Sec. 1349, C. Civ. Proc. 1895; re-en. Sec. 6892, Rev. C. 1907; re-en. Sec. 9525, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 758; re-en. Sec. 9525, R.C.M. 1935; R.C.M. 1947, 93-6310.