Montana Code Annotated 2023



Part 2. Property Granted to Heirs of Deceased Entryman -- Quiet Title

Affidavit To Accompany Complaint

70-28-206. Affidavit to accompany complaint. (1) At the time of filing the complaint, the plaintiff shall file with the complaint the plaintiff's affidavit fully and explicitly setting forth and showing:

(a) the character of the plaintiff's estate, right, title, interest, or claim in the property;

(b) whether or not the plaintiff has ever made any conveyance of the plaintiff's interest in the property or any part of the property and, if so, when and to whom the conveyance was made and also a statement of all existing mortgages, deeds of trust, judgments, or other liens on the property;

(c) when and where the deceased entryman of the property died;

(d) what kin or relationship the claimant bore to the entryman at the time of the entryman's death; and

(e) the names and residences of any other persons who are next of kin or entitled to succeed to any portion of the lands, the subject of the action, and the names of and residences of all persons who have liens upon the property or any part of the property adversely to the plaintiff if the plaintiff knows or has been informed or has been able to discover any adverse person.

(2) If the plaintiff is unable to state any one or more of the matters required in subsection (1), the plaintiff shall set forth and show fully and explicitly the reasons for the inability.

(3) The affidavit constitutes a part of the judicial record.

(4) If the plaintiff is a person under guardianship, the affidavit must be made by the guardian.

History: En. Sec. 3, Ch. 15, L. 1915; re-en. Sec. 9503, R.C.M. 1921; re-en. Sec. 9503, R.C.M. 1935; R.C.M. 1947, 93-6227; amd. Sec. 183, Ch. 575, L. 1981; amd. Sec. 2208, Ch. 56, L. 2009.