TITLE 5

PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD

CHAPTER 4

PLACE OF TRIAL OF CIVIL ACTIONS

5-401.  Actions relating to real property. Actions for the following causes must be tried in the county in which the subject of the action or some part thereof is situated, subject to the power of the court to change the place of trial, as provided in this code:

1.  For the recovery of real property, or of an estate or interest therein, or for the determination in any form of such right or interest and for injuries to real property.

2.  For the partition of real property.

3.  For the foreclosure of a mortgage of real property. Where the real property is situated partly in one county and partly in another, the plaintiff may select either of the counties, and the county so selected is the proper county for the trial of such action.

History:

[(5-401) C.C.P. 1881, sec. 205; R.S., R.C., & C.L., sec. 4120; C.S., sec. 6661; I.C.A., sec. 5-401.]