Montana § 70-29-201 Trial Of Title Or Interest Of Parties

Montana Statutes

§ 70-29-201 — Trial Of Title Or Interest Of Parties

Montana § 70-29-201

Title 70PROPERTY

Ch. 29PARTITION OF REAL PROPERTY

Part 2Trial and Judgment

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Bluebook

Mont. Code Ann. § 70-29-201 (2026).

Text

70-29-201 . Trial of title or interest of parties. The right of the several parties, plaintiff as well as defendant, may be put in issue, tried, and determined in the partition action. The title or interest of the plaintiff in the property, as stated in the complaint, may be controverted by the answer. The title or interest of any defendant in the property, as stated in the complaint, may also be controverted by the defendant's answer or the answer of any other defendant, and the title or interest of any defendant, as stated in that defendant's answer, may be controverted by the answer of any other defendant and the issues joined as prescribed in Title 25, which may be tried before a jury if the court directs.

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70-29-201 . Trial of title or interest of parties. The right of the several parties, plaintiff as well as defendant, may be put in issue, tried, and determined in the partition action. The title or interest of the plaintiff in the property, as stated in the complaint, may be controverted by the answer. The title or interest of any defendant in the property, as stated in the complaint, may also be controverted by the defendant's answer or the answer of any other defendant, and the title or interest of any defendant, as stated in that defendant's answer, may be controverted by the answer of any other defendant and the issues joined as prescribed in Title 25, which may be tried before a jury if the court directs.

Legislative History

En. Sec. 499, p. 141, Bannack Stat.; re-en. Sec. 271, p. 191, L. 1867; re-en. Sec. 320, p. 98, Cod. Stat. 1871; re-en. Sec. 371, p. 140, L. 1877; re-en. Sec. 371, 1st Div. Rev. Stat. 1879; re-en. Sec. 384, 1st Div. Comp. Stat. 1887; en. Sec. 1350, C. Civ. Proc. 1895; re-en. Sec. 6893, Rev. C. 1907; re-en. Sec. 9526, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 759; re-en. Sec. 9526, R.C.M. 1935; R.C.M. 1947, 93-6311; amd. Sec. 2217, Ch. 56, L. 2009.