70-28-111. Termination of plaintiff's right during action -- damages for withholding. In an action for the recovery of real property when the plaintiff shows a right to recover at the time the action was commenced but it appears that the plaintiff's right has terminated during the pendency of the action, the verdict and judgment must be according to the fact and the plaintiff may recover damages for withholding the property.
History: En. Sec. 235, p. 92, Bannack Stat.; re-en. Sec. 256, p. 188, L. 1867; re-en. Sec. 305, p. 94, Cod. Stat. 1871; re-en. Sec. 356, p. 138, L. 1877; re-en. Sec. 356, 1st Div. Rev. Stat. 1879; re-en. Sec. 368, 1st Div. Comp. Stat. 1887; re-en. Sec. 1312, C. Civ. Proc. 1895; re-en. Sec. 6872, Rev. C. 1907; re-en. Sec. 9490, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 740; re-en. Sec. 9490, R.C.M. 1935; R.C.M. 1947, 93-6214; amd. Sec. 2204, 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