7-12-4111. Who considered owner. (1) The person owning the fee; the person in whom, on the day the action is commenced, appears the legal title to the lot and lands by deed duly recorded in the county recorder's office in each county; or the person in possession of lands, lots or portions of lots, or buildings under claim or exercising acts of ownership over the same for himself or as the executor, administrator, or guardian of the owner shall be regarded, treated, and deemed to be the "owner" for the purpose of this part and part 42, according to the intent and meaning of that word as used in this part and part 42.
     (2) In case of property leased, the possession of the tenant or lessee holding and occupying under such persons shall be deemed to be the possession of such owner.

     History: En. Sec. 31, Ch. 89, L. 1913; re-en. Sec. 5255, R.C.M. 1921; re-en. Sec. 5255, R.C.M. 1935; R.C.M. 1947, 11-2241(1).