70-28-110. When value of improvements may be allowed as setoff. When damages are claimed for withholding the property recovered upon which permanent improvements have been made by a defendant or those under whom the defendant claims, holding under color of title adversely to the claim of plaintiff, in good faith, the value of the improvements must be allowed as setoff against the damage.
History: En. Sec. 236, p. 92, Bannack Stat.; re-en. Sec. 257, p. 188, L. 1867; re-en. Sec. 306, p. 94, Cod. Stat. 1871; re-en. Sec. 357, p. 138, L. 1877; re-en. Sec. 357, 1st Div. Rev. Stat. 1879; re-en. Sec. 369, 1st Div. Comp. Stat. 1887; re-en. Sec. 1313, C. Civ. Proc. 1895; re-en. Sec. 6873, Rev. C. 1907; re-en. Sec. 9491, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 741; re-en. Sec. 9491, R.C.M. 1935; R.C.M. 1947, 93-6215; amd. Sec. 2203, Ch. 56, L. 2009.
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