Montana Code Annotated 1995

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     70-19-413. Certain disabilities to suspend running of statutory period. (1) Subsection (2) applies if a person entitled to commence an action for the recovery of real property or for the recovery of the possession thereof or to make any entry or defense founded on the title to real property or to rents or services out of the same is, at the same time such title first descends or accrues:
     (a) under the age of majority;
     (b) seriously mentally ill; or
     (c) imprisoned on a criminal charge or in execution upon conviction of a criminal offense for a term of less than for life.
     (2) The time during which disability continues is not considered any portion of the time in this chapter limited for the commencement of such action or the making of such entry or defense, but such action may be commenced or entry or defense made within the period of 5 years after such disability ceases or after the death of the person entitled who dies under such disability, but such action may not be commenced or entry or defense made after that period.

     History: En. Sec. 39, p. 48, L. 1877; re-en. Sec. 39, 1st Div. Rev. Stat. 1879; re-en. Sec. 39, 1st Div. Comp. Stat. 1887; amd. Sec. 493, C. Civ. Proc. 1895; re-en. Sec. 6442, Rev. C. 1907; re-en. Sec. 9026, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 328; re-en. Sec. 9026, R.C.M. 1935; amd. Sec. 8, Ch. 224, L. 1953; R.C.M. 1947, 93-2515; amd. Sec. 6, Ch. 115, L. 1979; amd. Sec. 181, Ch. 575, L. 1981.

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