70-20-316. Deeds made prior to 1900 -- presumption grantor had no wife. When a deed to real property has been made, executed, and acknowledged prior to the year 1900 by a grantor without recital in the body of the deed or acknowledgment as to whether or not the grantor is married or single and the wife of the grantor, if any, not joining in the conveyance or otherwise releasing or conveying the wife's dower, the presumption is that the person conveying the land had no wife living at the date of conveyance and that the land was conveyed free of all right of dower, inchoate or vested.
History: En. Sec. 1, Ch. 183, L. 1945; R.C.M. 1947, 39-131; amd. Sec. 2152, Ch. 56, L. 2009.
Structure Montana Code Annotated
Chapter 20. Transfer of Real Property
70-20-301. Fee simple presumed to pass
70-20-302. After-acquired title to pass by operation of law
70-20-303. Grant conclusive -- exception for good faith purchaser
70-20-304. Implied covenants -- free from encumbrance
70-20-305. Encumbrance defined
70-20-306. Responsibility of heirs of covenantor -- certain warranties abolished
70-20-307. Transfer of land bounded by highway -- what passes
70-20-308. Easements to pass with property
70-20-309. Transfer of owner ousted of possession -- effect
70-20-310. Conveyance in joint tenancy -- right of survivorship
70-20-311. Grant on condition subsequent
70-20-312. Grant on condition precedent
70-20-313. Grant by owner for life or years
70-20-314. Grant of property occupied by tenant
70-20-315. Validation of unacknowledged deeds
70-20-316. Deeds made prior to 1900 -- presumption grantor had no wife