27-17-310. Answer of defendant claiming third person entitled to property. The defendant may, by answer, defend on the ground that a third person was entitled to the property, without connecting the defendant with the third party's title.
History: En. Sec. 858, C. Civ. Proc. 1895; re-en. Sec. 6640, Rev. C. 1907; re-en. Sec. 9238, R.C.M. 1921; re-en. Sec. 9238, R.C.M. 1935; R.C.M. 1947, 93-4119; amd. Sec. 671, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 27. Civil Liability, Remedies, and Limitations
Chapter 17. Claim and Delivery of Personal Property
Part 3. Procedure Following Seizure by Sheriff
27-17-301. Duty of sheriff to keep and deliver property
27-17-302. Sheriff's return of execution
27-17-303. Exception to plaintiff's sureties -- justification -- liability of sheriff
27-17-304. When defendant may require return of property -- undertaking
27-17-305. Return of part of the property
27-17-306. Justification of defendant's sureties -- liability of sheriff
27-17-307. Procedure for qualification and justification of sureties
27-17-308. Delivery of property to plaintiff if not returned to defendant
27-17-309. Claim of property by third person -- plaintiff to indemnify sheriff
27-17-310. Answer of defendant claiming third person entitled to property
27-17-311. Remedies of plaintiff following delivery by sheriff