70-29-112. Answer -- contents. The defendants who have been personally served with the summons and a copy of the complaint or who have appeared without such service must set forth in their answers, fully and particularly, the origin, nature, and extent of their respective interests in the property, and if such defendants claim a lien on the property by mortgage, judgment, or otherwise, they are deemed to have waived their right to such lien unless they state:
(1) the original amount and date of the same and the sum remaining due thereon;
(2) whether the same has been secured in any other way or not; and
(3) if secured, the nature and extent of such security.
History: En. Sec. 498, p. 141, Bannack Stat.; amd. Sec. 270, p. 191, L. 1867; re-en. Sec. 319, p. 98, Cod. Stat. 1871; re-en. Sec. 370, p. 141, L. 1877; re-en. Sec. 370, 1st Div. Rev. Stat. 1879; re-en. Sec. 383, 1st Div. Comp. Stat. 1887; amd. Sec. 1349, C. Civ. Proc. 1895; re-en. Sec. 6892, Rev. C. 1907; re-en. Sec. 9525, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 758; re-en. Sec. 9525, R.C.M. 1935; R.C.M. 1947, 93-6310.
Structure Montana Code Annotated
Chapter 29. Partition of Real Property
70-29-101. Action for partition authorized -- who may bring
70-29-103. Complaint -- contents
70-29-104. Who must be parties -- permissible plaintiffs
70-29-105. Who may be joined as defendants
70-29-106. Unnecessary to join grantees or lienholders not of record
70-29-107. Lienholders of record as parties
70-29-108. Lienholders of record to be notified
70-29-109. Notice of action to be filed with clerk -- lis pendens
70-29-110. Summons -- to whom directed
70-29-111. Unknown and out-of-state parties -- how served
70-29-113. Death or incompetency of parties -- proceedings not delayed