70-20-401. Instrument made with intent to defraud -- void. Every instrument, other than a will, affecting an estate in real property, including every charge upon real property or upon its rents or profits, made with intent to defraud prior or subsequent purchasers thereof or encumbrancers thereon is void as against every purchaser or encumbrancer for value of the same property or the rents or profits thereof.
History: En. Sec. 1, p. 492, Bannack Stat.; re-en. Sec. 1, p. 392, Cod. Stat. 1871; re-en. Sec. 155, 5th Div. Rev. Stat. 1879; re-en. Sec. 212, 5th Div. Comp. Stat. 1887; amd. Sec. 1650, Civ. C. 1895; re-en. Sec. 4688, Rev. C. 1907; re-en. Sec. 6939, R.C.M. 1921; Cal. Civ. C. Sec. 1227; Field Civ. C. Sec. 535; re-en. Sec. 6939, R.C.M. 1935; R.C.M. 1947, 29-201.
Structure Montana Code Annotated
Chapter 20. Transfer of Real Property
Part 4. Fraudulent Conveyances
70-20-401. Instrument made with intent to defraud -- void
70-20-402. Instrument not void as to purchaser with notice -- exception
70-20-403. Grant by person with power to revoke -- power executed
70-20-404. Purchaser in good faith not affected
70-20-405. Other provisions on unlawful transfers -- where found