Montana Code 70-20-202. Extrinsic evidence not to be considered in construction of deed — exceptions
70-20-202. Extrinsic evidence not to be considered in construction of deed — exceptions. (1) When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and therefore there can be between the parties and their representatives or successors in interest no evidence of the terms of the agreement other than the contents of the writing except in the following cases:
Terms Used In Montana Code 70-20-202
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Writing: includes printing. See Montana Code 1-1-203
(a)where a mistake or imperfection of the writing is put in issue by the pleadings;
(b)where the validity of the agreement is the fact in dispute.
(2)But this section does not exclude other evidence of the circumstances under which the agreement was made or to which it relates, as defined in 1-4-102, or to explain an extrinsic ambiguity or to establish illegality or fraud.
(3)The term “agreement” includes deeds and wills as well as contracts between parties.