70-29-203. Determination of title required before judgment of sale. When a sale of the premises is necessary, the title must be ascertained by proof to the satisfaction of the court before the judgment of sale can be made, and where service of the summons has been made by publication, like proof must be required of the right of the absent or unknown parties before such judgment is rendered, except where there are several unknown parties having an interest in the property, their rights may be considered together in the action and not as between themselves.
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. 1351, C. Civ. Proc. 1895; re-en. Sec. 6894, Rev. C. 1907; re-en. Sec. 9527, R.C.M. 1921; re-en. Sec. 9527, R.C.M. 1935; R.C.M. 1947, 93-6312.
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