70-19-305. Certificate of purchase from state or United States prima facie evidence of ownership. A certificate of purchase or of location of any lands in this state issued or made in pursuance of any law of the United States or of this state is prima facie evidence that the holder or assignee of the certificate is the owner of the land described in the certificate, but this evidence may be overcome by proof that at the time of the location or time of filing a preemption claim on which the certificate may have been issued, the land was in the adverse possession of the adverse party or those under whom the adverse party claims or that the adverse party is holding the land for mining purposes.
History: En. Sec. 3213, C. Civ. Proc. 1895; re-en. Sec. 7931, Rev. C. 1907; re-en. Sec. 10575, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1925; re-en. Sec. 10575, R.C.M. 1935; R.C.M. 1947, 93-1001-37; amd. Sec. 2136, Ch. 56, L. 2009.
Structure Montana Code Annotated
Chapter 19. Real Property Actions Generally Limitations and Adverse Possession
Part 3. Provisions and Limitations Relating to the State of Montana
70-19-301. Application to lands conveyed by state
70-19-302. Statute of limitations for state actions concerning real property
70-19-303. Statute of limitations for actions by grantee -- joinder of state
70-19-305. Certificate of purchase from state or United States prima facie evidence of ownership