70-28-104. Parties defendant -- unknown claimants. (1) In any action brought under 70-28-101 and 70-28-103, the plaintiff may join as defendants any or all persons, known or unknown, claiming or who might claim any right, title, estate, or interest in or lien or encumbrance upon the real property described in the complaint adverse to plaintiff's ownership or any cloud upon plaintiff's title, whether the claim or possible claim be present or contingent, including the person or persons in possession if the plaintiff is not in possession.
(2) If the plaintiff desires to obtain a complete adjudication of the title to the real estate described in the complaint, the plaintiff may name as defendants all known persons who assert or who might assert any claim as specified in subsection (1) and may join as defendants all persons unknown who might make any claim by adding in the caption of the complaint in the action the words "and all other persons, unknown, claiming or who might claim any right, title, estate, or interest in or lien or encumbrance upon the real property described in the complaint adverse to plaintiff's ownership or any cloud upon plaintiff's title, whether the claim or possible claim is present or contingent".
History: En. Sec. 2, Ch. 113, L. 1915; re-en. Sec. 9480, R.C.M. 1921; re-en. Sec. 9480, R.C.M. 1935; R.C.M. 1947, 93-6204; amd. Sec. 182, Ch. 575, L. 1981; amd. Sec. 2200, Ch. 56, L. 2009.
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