70-28-105. Maintenance of action when no known claimants. If in any case there are no known claimants or possible claimants to any of the property involved in any action contemplated by 70-28-101 through 70-28-109, the action may nevertheless be maintained against all persons unknown claiming or who might claim any right, title, estate, or interest in or lien or encumbrance upon the real property described in the complaint or any part thereof adverse to plaintiff's ownership or any cloud upon plaintiff's title thereto, whether such claim or possible claim be present or contingent, including any claim or possible claim of dower, inchoate or accrued, and such action may be prosecuted to judgment in the same manner and with like effect as though there had been known claimants or possible claimants; and in any such case, the complaint, the affidavit for service by publication, the order for service by publication, and the decree shall state the facts and the summons shall be directed to such unknown persons.
History: En. Sec. 1, Ch. 68, L. 1939; re-en. Sec. 9488.1, R.C.M. 1935; R.C.M. 1947, 93-6212.
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