26-3-205. Effect of judgments of other foreign tribunals. The effect of the judgment of any other tribunal of a foreign country having jurisdiction to pronounce the judgment is as follows:
(1) In case of a judgment against a specific thing, the judgment is conclusive upon the title to the thing.
(2) In case of a judgment against a person, the judgment is presumptive evidence of a right as between the parties and their successors in interest by a subsequent title and can only be repelled by evidence of a want of jurisdiction, want of notice to the party, collusion, fraud, or clear mistake of law or fact.
History: En. Sec. 3203, C. Civ. Proc. 1895; re-en. Sec. 7921, Rev. C. 1907; re-en. Sec. 10565, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1915; re-en. Sec. 10565, R.C.M. 1935; R.C.M. 1947, 93-1001-27.
Structure Montana Code Annotated
Chapter 3. Effect of Former Judgments and Orders
Part 2. Effect of Specific Kinds of Judicial Records
26-3-201. Effect of judgment or final order -- when conclusive
26-3-202. Effect of other judicial orders -- when disputable presumption created
26-3-203. Effect of judicial record of another state
26-3-204. Effect of judicial record of foreign court of admiralty