Montana Code 70-28-215. Judgment — nature and effect — recording
70-28-215. Judgment — nature and effect — recording. (1) The judgment must ascertain and determine the heirship of the deceased entryman and all estates, rights, titles, interests, and claims in and to the property and every part of the property, whether the estates, rights, titles, interests, and claims are legal or equitable, present or future, vested or contingent, or whether the estates, rights, titles, interests, and claims consist of mortgages or liens of any description. The judgment must be binding and conclusive upon every person who, at the time of the commencement of the action, had or claimed to have any estate, right, title, or interest in or to the property or any part of the property and upon every person claiming under the person by title subsequent to the commencement of the action.
Terms Used In Montana Code 70-28-215
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Judicial record: means the record of official entry of the proceedings in a court of justice or of the official act of a judicial officer in an action or special proceeding. See Montana Code 1-1-202
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Property: means real and personal property. See Montana Code 1-1-205
(2)A certified copy of the judgment in the action must be recorded in the office of the clerk and recorder of the county in which the action was commenced, and any party or the successor in interest of any party to the action may file for record in the office of the clerk and recorder of the county the entire judicial record in the action.