Public-domain · open source
OpenJurist

Idaho Code § 5-401

Actions relating to real property

Applied in 1 court decision — leading case Thompson v. Turner (1977)

Most recently applied in Thompson v. Turner (January 1977)

C.C.P. 1881, § 205; R.S., R.C., & C.L., § 4120; C.S., § 6661; I.C.A., § 5-401.

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.

Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.