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
defendant's own claim to the property, and, if such defendant claims a lien, the original amount
secured thereby and the date of the same, and the sum remaining due thereon, whether the
same has been secured in any other way or not, and if so secured, the nature and extent of
such security, or the defendant likewise may set forth the defendant's rights in the property as a
counterclaim and may demand affirmative relief against the plaintiff and any codefendant, and in
such case the defendant also may set forth a counterclaim and recovery from a plaintiff or a
codefendant for permanent improvements made by the defendant or those under whom the
defendant claims, holding under color of title in good faith adversely to the plaintiff or
codefendant against whom the defendant seeks a recovery. Such counterclaim shall set forth
among other things the value of the land aside from the improvements thereon, and, as
accurately as practicable, the improvements upon the land and the value thereof, and in such
case such defendant also may set forth as a counterclaim the defendant's demand for recovery
of the value of the use and occupation of the premises and value of property wasted or removed
therefrom. The answer shall be deemed served on codefendants by filing the same in the office
of the clerk of court of the county where the action is pending at any time within twenty days
after the service of summons on such defendant is complete. If affirmative relief is demanded
against codefendants, the allegations constituting counterclaims shall be deemed controverted
by all the parties, as upon a direct denial or avoidance, as the case may require, without further
pleading.
Notes of Decisions
Cited in
6
cases, 1965–1997 · leading case:
Lindvig v. Lindvig, 385 N.W.2d 466 (N.D. 1986).
Lindvig v. Lindvig, 385 N.W.2d 466 (N.D. 1986).
· cites it 4× “Determinative of this issue is Section 32-17-08, N.D.C.C., which provides in pertinent part: “32-17-08.”
Tormaschy v. Tormaschy, 1997 ND 2, 559 N.W.2d 813.
“§§ 32-17-04 through 06 and §§ 32-17-08 through 09. A plaintiffs reply to defendant’s answer is only necessary if 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…”
Kiker v. Walters, 482 N.W.2d 626 (N.D. 1992).
· cites it 2× “See Section 32-17-08, N.D.C.C. The court reserved the question of the value of the improvements, and gave *845 Jack the choice of two options: (1) he could ratify the sale to the Gustafsons, or (2) he could retain the property but pay the Gustafsons the value of the…”
Greeman v. Smith, 138 N.W.2d 433 (N.D. 1965).
· cites it 2× “of 1943 (now § 32-17-08, N.D. C.C.), provides, however, that a counterclaim for improvements in a quiet title action may be advanced only by one who has made improvements on land in good faith while holding the land adversely under col- or of title.”
Green v. Gustafson, 482 N.W.2d 842 (N.D. 1992).
· cites it 2× “See Section 32-17-08, N.D.C.C. The court reserved the question of the value of the improvements, and gave *845 Jack the choice of two options: (1) he could ratify the sale to the Gustafsons, or (2) he could retain the property but pay the Gus-tafsons the value of the…”
Anderson v. A.P.I. Co. of Minnesota - Civil No. 950392, No. 950392 (N.D. Jan. 16, 1997).
“§§ 32-17-04 through 06 and §§ 32-17-08 through 09. A plaintiff's reply to defendant's answer is only necessary if 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…”
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treatment. Dots show Syfertize treatment of the citing case itself.