70-28-103. Venue. All actions brought under 70-28-101 must be brought in the county in which the real estate or a portion thereof, as to which the title is sought to be quieted, is situated; provided that if the real estate is situated in more than one county, said action may be brought and prosecuted in either of said counties, and a transcript of the original judgment certified by the clerk of court shall be filed in the office of the clerk of court in the county other than which the action was brought in which any of the real estate affected thereby is situated.
History: En. Sec. 233, p. 92, Bannack Stat.; re-en. Sec. 254, p. 188, L. 1867; re-en. Sec. 303, p. 94, Cod. Stat. 1871; re-en. Sec. 354, p. 138, L. 1877; re-en. Sec. 354, 1st Div. Rev. Stat. 1879; re-en. Sec. 366, 1st Div. Comp. Stat. 1887; amd. Sec. 1310, C. Civ. Proc. 1895; re-en. Sec. 6870, Rev. C. 1907; amd. Sec. 1, Ch. 113, L. 1915; re-en. Sec. 9479, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 738; amd. Sec. 1, Ch. 70, L. 1931; re-en. Sec. 9479, R.C.M. 1935; R.C.M. 1947, 93-6203(part).
Structure Montana Code Annotated
Chapter 28. Quieting Title to Real Property
Part 1. Quieting Title Generally
70-28-101. Quiet title action authorized
70-28-102. General procedural provisions applicable
70-28-104. Parties defendant -- unknown claimants
70-28-105. Maintenance of action when no known claimants
70-28-106. Notice of action to be filed with clerk and recorder
70-28-107. Jurisdiction acquired by service -- complete adjudication -- judgment
70-28-108. Prerequisites to decree against defendant not present
70-28-109. Who bound by judgment
70-28-110. When value of improvements may be allowed as setoff
70-28-111. Termination of plaintiff's right during action -- damages for withholding