70-29-306. Security for sales on credit. The referees may take separate mortgages and other securities for the whole or convenient portions of the purchase money of parts of the property that are directed by the court to be sold on credit for the:
(1) shares of any known owner of full age, in the name of the owner;
(2) shares of a minor, in the name of the guardian of the minor; and
(3) other shares, in the name of the clerk of the court of the county and the clerk's successors in office.
History: En. Sec. 517, p. 145, Bannack Stat.; re-en. Sec. 289, p. 194, L. 1867; re-en. Sec. 338, p. 101, Cod. Stat. 1871; re-en. Sec. 389, p. 146, L. 1877; re-en. Sec. 389, 1st Div. Rev. Stat. 1879; re-en. Sec. 402, 1st Div. Comp. Stat. 1887; re-en. Sec. 1372, C. Civ. Proc. 1895; re-en. Sec. 6915, Rev. C. 1907; re-en. Sec. 9548, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 777; re-en. Sec. 9548, R.C.M. 1935; R.C.M. 1947, 93-6333; amd. Sec. 9, Ch. 2, L. 1983; amd. Sec. 2226, Ch. 56, L. 2009.
Structure Montana Code Annotated
Chapter 29. Partition of Real Property
Part 3. Sale and Disposition of Proceeds
70-29-301. Sale to be at public auction -- notice
70-29-302. Terms of sale to be made known
70-29-303. Who may not be purchasers
70-29-304. Party or encumbrancer as purchaser
70-29-305. Court to direct terms of credit and investment
70-29-306. Security for sales on credit
70-29-307. Security taken and investment made in name of clerk
70-29-308. Agreement of parties as to security
70-29-309. Referees' report of sale
70-29-310. Execution of conveyances and taking of security
70-29-311. Conveyances to be recorded -- bar against parties
70-29-312. through 70-29-320 reserved
70-29-321. Priorities for application of proceeds
70-29-322. Other securities to be exhausted first
70-29-323. Disposition of proceeds generally
70-29-324. Continuation of action when proceeds paid into court
70-29-325. Future interests -- ascertainment -- share of proceeds
70-29-326. Tenant for life or years -- compensation upon sale
70-29-327. Minor's share of proceeds -- payment to guardian
70-29-328. Incompetent's share of proceeds -- payment to guardian
70-29-329. Proceeds of sale belonging to persons unknown or out-of-state -- how invested