70-29-322. Other securities to be exhausted first. Whenever any party to an action who holds a lien upon the property or any part thereof has other securities for the payment of the amount of such lien, the court may, in its discretion, order such securities to be exhausted before a distribution of the proceeds of sale or may order a just deduction to be made from the amount of the lien on the property on account thereof.
History: En. Sec. 512, p. 144, Bannack Stat.; re-en. Sec. 284, p. 193, L. 1867; re-en. Sec. 333, p. 100, Cod. Stat. 1871; re-en. Sec. 384, p. 145, L. 1877; re-en. Sec. 384, 1st Div. Rev. Stat. 1879; re-en. Sec. 397, 1st Div. Comp. Stat. 1887; re-en. Sec. 1367, C. Civ. Proc. 1895; re-en. Sec. 6910, Rev. C. 1907; re-en. Sec. 9543, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 772; re-en. Sec. 9543, R.C.M. 1935; R.C.M. 1947, 93-6328.
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