70-29-324. Continuation of action when proceeds paid into court. When the proceeds of the sale of any share or parcel belonging to persons who are parties to the action and who are known are paid into the court, the action may continue as between such parties for the determination of their respective claims thereto which must be ascertained and adjudged by the court. Further testimony may be taken in court or by a referee, at the discretion of the court, and the court may, if necessary, require such parties to present the facts or law in controversy by pleadings, as in an original action.
History: En. Sec. 514, p. 144, Bannack Stat.; re-en. Sec. 286, p. 194, L. 1867; re-en. Sec. 335, p. 101, Cod. Stat. 1871; re-en. Sec. 386, p. 145, L. 1877; re-en. Sec. 386, 1st Div. Rev. Stat. 1879; re-en. Sec. 399, 1st Div. Comp. Stat. 1887; re-en. Sec. 1369, C. Civ. Proc. 1895; re-en. Sec. 6912, Rev. C. 1907; re-en. Sec. 9545, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 774; re-en. Sec. 9545, R.C.M. 1935; R.C.M. 1947, 93-6330.
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