§ 32-17-10 — Trial - Findings - Possession - Costs

North Dakota § 32-17-10

• Jurisdiction: North Dakota
• Title 32: Judicial Remedies
• Ch. 32-17: Actions to Quiet Title and Determine Claims to Real Estate

Text

The plaintiff or any defendant who has answered may bring the case on for trial as other
civil actions are brought on for trial. A defendant interposing a counterclaim for purposes of trial
shall be deemed plaintiff, and the plaintiff and codefendants against whom relief is sought shall
be deemed defendants as to the counterclaiming defendant. The court in its decision shall find
the nature and extent of the claim asserted by the various parties, and shall determine the
validity, superiority, and priority of the same. Any defendant in default for want of an answer, or
not appearing at the trial, or a plaintiff not appearing at the trial, shall be adjudged to have no
estate or interest in, or lien or encumbrance upon, the property, and such defendant also shall
be adjudged to pay the amount demanded against such defendant in any counterclaim or reply
for the use and occupation of the premises, property removed therefrom, and waste committed,
except in the case of a defendant served by publication and not appearing. If any counterclaim
for improvements has been urged against one recovering property, the value of such
improvements thereof and the value of the land aside from the improvements shall be
specifically found. There likewise shall be findings on all other counterclaims urged at the trial. If
possession of the premises is demanded by the plaintiff or by any defendant asking for
affirmative relief, such possession shall be awarded to the party asking for possession who has
the paramount claim to the property, and such party thereupon may have a writ for possession
as against all other parties to the action. Costs shall be awarded to the prevailing parties against
each adversary in the action by the court, except that no costs shall be allowed against a
defendant not appearing.