Title 32, Judicial Remedies

An action may be maintained by any person having an estate or an interest in, or lien or encumbrance upon, real property, whether in or out of possession thereof and whether such property is vacant or unoccupied, against any person claiming an estate or interest in, or lien or en…

A recovery may be had in the action by any party against a defendant personally served or who has appeared, or against the plaintiff, for the value of the use and occupation of the premises and for the value of the property wasted or removed therefrom, in the case of a vendor hol…

Any two or more persons having an estate or interest in, or lien or encumbrance upon, real property, under a common source of title, whether holding as tenants in common, joint tenants, copartners, or in severalty, may unite in an action against any person claiming an adverse est…

In an action for the determination of adverse claims, the property must be described in the complaint with such certainty as to enable an officer upon execution to identify it. In other respects the complaint, exclusive of the venue, title, subscription, and verification, may be …

In an action to determine adverse claims, all persons appearing of record to have estates or interests in, or liens or encumbrances upon, the property, and all persons in possession, may be joined as defendants, and all others may be joined by inserting in the title of the action…

All persons having or claiming an estate or interest in, or lien or encumbrance upon, the property described in the complaint, whether as heirs, devisees, legatees, or personal representative of a deceased person, or under any other title or interest, and not in possession, nor a…

Service of the summons in an action may be had upon all unknown persons defendant by publication in the manner provided by law for service by publication upon defendants whose residence is unknown, but as to such unknown persons defendant the affidavit for publication shall be re…

In an action to determine adverse claims, a defendant in the defendant's answer may deny that the plaintiff has the estate, interest, lien, or encumbrance alleged in the complaint, coupled with allegations setting forth fully and particularly the origin, nature, and extent of the…

No reply shall be necessary on the part of the plaintiff, except when the defendant in the defendant's answer claims a lien or encumbrance upon the property which, prior to the commencement of the action, was barred by the statutes of limitation, or which shall have been discharg…

The plaintiff or any defendant who has answered may bring the case on for trial as other civil actions are brought on for trial. A defendant interposing a counterclaim for purposes of trial shall be deemed plaintiff, and the plaintiff and codefendants against whom relief is sough…

In an action for the recovery of real property, when a party shows a right to recover at the time when the action was commenced, but it appears that the party's right has terminated during the pendency of the action, the findings and judgment must be according to the facts, and t…

If the decision of the court is in favor of one party for the recovery of the real property and in favor of another for improvements, the former shall have the option for sixty days after receiving notice that the findings are filed to pay the value of such improvements less such…

A defendant in an action to determine adverse claims, proceeded against by name or as an unknown party, or the defendant's representative, on application and sufficient cause shown at any time before trial, must be allowed to defend on such terms as may be just, and any such defe…

The court in which an action is pending for the recovery of real property or for damages for an injury thereto, or a judge thereof, on motion, upon notice by either party, for good cause shown, may grant an order allowing to such party the right to enter upon the property and mak…

The order for entry must describe the property and a copy thereof must be served on the owner or occupant, and thereupon such party may enter upon the property with necessary surveyors and assistants and make such survey and measurement, but if any unnecessary injury is done to t…

When real property has been sold on execution, the purchaser thereof, or any person who may have succeeded to the purchaser's interest, after the purchaser's estate becomes absolute, may recover damages for injury to the property by the tenant in possession after sale and before …

An action for the recovery of real property against a person in possession cannot be prejudiced by any alienation made by such person either before or after the commencement of the action.

In an action respecting a mining claim, proof of the customs, usages, or regulations established and in force at the bar or diggings embracing such claim must be admitted, and such customs, usages, or regulations, when not in conflict with the laws of this state and the United St…

When any person holding a homestead or tree claim under the laws of the United States shall have died before patent therefor has been issued, and, by reason of such death, a patent or final certificate afterward shall be granted to "the heirs" or to "the devisees" of such person,…

Any person settled upon the public lands belonging to the United States on which settlement is not prohibited expressly by Congress, or some department of the general government, may maintain an action for any injuries done to the same, or an action to recover the possession ther…

Any person who shall hold any contract from the state through the board of university and school lands, or otherwise, for the purchase of any real property within the state, may maintain any action for injuries done to the same, or an action to recover possession thereof, in the …

If a guardian, tenant for life or years, joint tenant, or tenant in common, of real property, commits waste thereon, any person aggrieved by the waste may bring an action against the one committing waste therefor, and in such action there may be judgment for treble damages, forfe…

Judgment of forfeiture and eviction shall not be given in favor of the person entitled to the reversion against the tenant in possession unless the injury to the estate in reversion shall be adjudged in the action to be equal to the value of the tenant's estate or unexpired term,…