81-8-312. Possession under a mortgage -- how acquired. If it is necessary under the laws of this state for a party to any mortgage, assignment, bill of sale, or other contract, between November 1 and the succeeding May 15, to take possession of any cattle or horses in order to preserve the party's rights under a mortgage, assignment, bill of sale, or other contract, it is sufficient for the party to file a copy of the instrument under which the party claims, with a notice of the claim appended to the copy, with the general recorder of marks and brands within 5 days after it becomes necessary for the party to take custody and possession of the cattle or horses.
History: En. Sec. 2, p. 111, L. 1885; re-en. Sec. 224, 1st Div. Comp. Stat. 1887; re-en. Sec. 941, C. Civ. Proc. 1895; re-en. Sec. 6694, Rev. C. 1907; re-en. Sec. 9297, R.C.M. 1921; re-en. Sec. 9297, R.C.M. 1935; amd. Sec. 11-163, Ch. 264, L. 1963; R.C.M. 1947, 93-4344; amd. Sec. 2683, Ch. 56, L. 2009.
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