70-29-201. Trial of title or interest of parties. The right of the several parties, plaintiff as well as defendant, may be put in issue, tried, and determined in the partition action. The title or interest of the plaintiff in the property, as stated in the complaint, may be controverted by the answer. The title or interest of any defendant in the property, as stated in the complaint, may also be controverted by the defendant's answer or the answer of any other defendant, and the title or interest of any defendant, as stated in that defendant's answer, may be controverted by the answer of any other defendant and the issues joined as prescribed in Title 25, which may be tried before a jury if the court directs.
History: En. Sec. 499, p. 141, Bannack Stat.; re-en. Sec. 271, p. 191, L. 1867; re-en. Sec. 320, p. 98, Cod. Stat. 1871; re-en. Sec. 371, p. 140, L. 1877; re-en. Sec. 371, 1st Div. Rev. Stat. 1879; re-en. Sec. 384, 1st Div. Comp. Stat. 1887; en. Sec. 1350, C. Civ. Proc. 1895; re-en. Sec. 6893, Rev. C. 1907; re-en. Sec. 9526, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 759; re-en. Sec. 9526, R.C.M. 1935; R.C.M. 1947, 93-6311; amd. Sec. 2217, Ch. 56, L. 2009.
Structure Montana Code Annotated
Chapter 29. Partition of Real Property
70-29-201. Trial of title or interest of parties
70-29-202. Court to order sale or partition -- appointment of referees
70-29-203. Determination of title required before judgment of sale
70-29-205. Partition according to rights of parties -- roads
70-29-206. Procedure in relation to lots and subdivisions
70-29-207. Allotment of shares of land -- improvements
70-29-208. Allotment of land to grantee of tenant in common
70-29-209. Compensation of one party by another in certain cases of partition
70-29-210. Consent of guardian to share of ward
70-29-211. Referees to make report
70-29-212. Judgment upon confirmation of report -- effect
70-29-213. Judgment not to affect certain tenants for years
70-29-214. Status of estate for life or years when partial sale ordered
70-29-215. Lien on undivided interest -- status after partition
70-29-216. Abstract of title -- when cost of allowed -- filing and inspection
70-29-217. Abstract -- how made and verified
70-29-218. Costs of partition -- apportionment among parties -- lien
70-29-219. Expenses of referees and surveyor