70-28-215. Judgment -- nature and effect -- recording. (1) The judgment must ascertain and determine the heirship of the deceased entryman and all estates, rights, titles, interests, and claims in and to the property and every part of the property, whether the estates, rights, titles, interests, and claims are legal or equitable, present or future, vested or contingent, or whether the estates, rights, titles, interests, and claims consist of mortgages or liens of any description. The judgment must be binding and conclusive upon every person who, at the time of the commencement of the action, had or claimed to have any estate, right, title, or interest in or to the property or any part of the property and upon every person claiming under the person by title subsequent to the commencement of the action.
(2) A certified copy of the judgment in the action must be recorded in the office of the clerk and recorder of the county in which the action was commenced, and any party or the successor in interest of any party to the action may file for record in the office of the clerk and recorder of the county the entire judicial record in the action.
History: En. Sec. 11, Ch. 15, L. 1915; re-en. Sec. 9511, R.C.M. 1921; re-en. Sec. 9511, R.C.M. 1935; R.C.M. 1947, 93-6235; amd. Sec. 184, Ch. 575, L. 1981; amd. Sec. 2212, Ch. 56, L. 2009.
Structure Montana Code Annotated
Chapter 28. Quieting Title to Real Property
Part 2. Property Granted to Heirs of Deceased Entryman -- Quiet Title
70-28-202. General procedural provisions applicable
70-28-203. Remedies cumulative
70-28-204. Executor, administrator, or guardian as party
70-28-206. Affidavit to accompany complaint
70-28-207. Summons -- issuance and form
70-28-208. Publication and posting of summons
70-28-209. Personal service of summons -- service by mail
70-28-210. Jurisdiction acquired by service -- complete
70-28-212. Time for appearance by defendant -- answer
70-28-213. Recording of notice by plaintiff and defendant
70-28-214. Default judgment prohibited -- proof and inquiry required
70-28-215. Judgment -- nature and effect -- recording
70-28-216. Subsequent action -- notice to original parties required