North Dakota § 32-17-12 Adjustment of cross judgments

North Dakota Statutes

§ 32-17-12 — Adjustment of cross judgments

North Dakota § 32-17-12

Title 32Judicial Remedies

Ch. 32-17Actions to Quiet Title and Determine Claims to Real Estate

This text of North Dakota § 32-17-12 (Adjustment of cross judgments) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 32-17-12 (2026).

Text

If the decision of the court is in favor of one party for the recovery of the real property and in
favor of another for improvements, the former shall have the option for sixty days after receiving
notice that the findings are filed to pay the value of such improvements less such sums as may

be found due for use and occupation and waste, or to take judgment against the other party for
the value of the land aside from the improvements, as determined by the findings, and such
sums as may be found due for use and occupation and waste. If such option is not exercised in
writing by such party or such party's attorney, and filed with the clerk within sixty days, the other
party thereupon may exercise the option for such party in like manner. If the party entitled to the
possession of the proper

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If the decision of the court is in favor of one party for the recovery of the real property and in
favor of another for improvements, the former shall have the option for sixty days after receiving
notice that the findings are filed to pay the value of such improvements less such sums as may

be found due for use and occupation and waste, or to take judgment against the other party for
the value of the land aside from the improvements, as determined by the findings, and such
sums as may be found due for use and occupation and waste. If such option is not exercised in
writing by such party or such party's attorney, and filed with the clerk within sixty days, the other
party thereupon may exercise the option for such party in like manner. If the party entitled to the
possession of the property received in lieu thereof a money judgment, the other party may be
subrogated to all the former's rights therein, including all the relief that party otherwise would be
entitled to under the findings, and judgment thereupon shall be entered accordingly. Until
payment is made by the party recovering the land, or until tender and deposit in the office of the
clerk of the court in which the action is pending, no writ for the possession of the property shall
be issued.