27-18-403. Real property in another's name. Real property or an interest in real property belonging to the defendant and held by any other person or standing on the records of the county in the name of any other person must be attached by filing with the county clerk a copy of the writ, together with a description of the property and a notice that the real property and any interest of the defendant in the real property, held by or standing in the name of the other person, naming the person, are attached. The county clerk shall index the attachment when filed in the names both of the defendant and of the person by whom the property is held or in whose name it stands on the record.
History: En. Sec. 96, p. 61, Bannack Stat.; amd. Sec. 125, p. 157, L. 1867; amd. Sec. 142, p. 55, Cod. Stat. 1871; re-en. Sec. 184, p. 84, L. 1877; re-en. Sec. 184, 1st Div. Rev. Stat. 1879; amd. Sec. 1, p. 113, L. 1885; re-en. Sec. 186, 1st Div. Comp. Stat. 1887; amd. Sec. 895, C. Civ. Proc. 1895; amd. Sec. 1, p. 139, L. 1899; re-en. Sec. 6662, Rev. C. 1907; amd. Sec. 1, Ch. 85, L. 1911; re-en. Sec. 9262, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 542; amd. Sec. 1, Ch. 71, L. 1931; re-en. Sec. 9262, R.C.M. 1935; amd. Sec. 11-161, Ch. 264, L. 1963; R.C.M. 1947, 93-4307(2); amd. Sec. 684, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 27. Civil Liability, Remedies, and Limitations
Chapter 18. Prejudgment Attachment
Part 4. Manner of Attaching Property
27-18-401. Sheriff to take custody of books and evidences of title
27-18-402. Real property in defendant's name
27-18-403. Real property in another's name
27-18-404. Personal property capable of manual delivery
27-18-406. Money, credits, or other property in control of public officer or board
27-18-407. Liability of third persons controlling property or debts and served by sheriff
27-18-409. Investment securities and stocks
27-18-410. Corporate stock -- service on secretary of state
27-18-411. Duty of secretary of state -- fees
27-18-412. Interest of defendant in decedent's estate