70-27-203. Showings required on trial. On the trial of any proceeding for any forcible entry or forcible detainer, the plaintiff is only required to show, in addition to the forcible entry or forcible detainer complained of, that the plaintiff was peaceably in the actual possession at the time of the forcible entry or was entitled to the possession at the time of the forcible detainer. The defendant may show in defense that the defendant or the defendant's ancestors or those whose interest in the premises the defendant claims have been in the quiet possession of the premises for the space of 1 whole year before the commencement of the proceedings and that the defendant's interest in the premises is not then ended or determined, and the showing is a bar to the proceedings.
History: En. Sec. 654, p. 173, Bannack Stat.; re-en. Sec. 643, p. 164, Cod. Stat. 1871; re-en. Sec. 703, 1st Div. Rev. Stat. 1879; re-en. Sec. 723, 1st Div. Comp. Stat. 1887; amd. Sec. 2092, C. Civ. Proc. 1895; re-en. Sec. 7281, Rev. C. 1907; re-en. Sec. 9899, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1172; re-en. Sec. 9899, R.C.M. 1935; R.C.M. 1947, 93-9713; amd. Sec. 2195, Ch. 56, L. 2009.
Structure Montana Code Annotated
Chapter 27. Forcible Entry and Detainer Unlawful Detainer
Part 2. Trial, Judgment, and Appeal
70-27-202. Actions in justice's court to be tried within 10 days
70-27-203. Showings required on trial
70-27-204. Amendment of complaint after trial begins
70-27-205. Verdict, judgment, and execution
70-27-207. Holdover or collusion after notice -- treble rent
70-27-208. Holdover after tenant's notice to quit -- treble rent
70-27-209. Treble rent exclusive of interest
70-27-210. Relief against forfeiture of lease in case of hardship
70-27-212. General provisions on new trials and appeals applicable