7-2-2411. Transfer of court actions affecting real property. (1) In all counties created out of any other county wherever there has been an action or proceeding begun affecting any real property situated within such new county, whether such action has been prosecuted to judgment or not, upon a written motion being filed by any person or persons interested in such real property so affected by such action or proceeding requesting the transfer of the files and papers and records of such action or proceeding to the office of the clerk of the district court of the new county wherein such real property is situated, it shall be the duty of the judge of the district court in which said action or proceeding was originally begun to order that a transfer of all the files and papers of such action or proceeding be made to the office of the clerk of the district court of the new county in which such real property is situated. When such an order of transfer is made, it shall be the duty of the clerk of the district court wherein such action or proceeding was originally instituted to transmit all of the files and papers in such action or proceeding, together with a certified copy of all minutes of the court relating to such action or proceeding, to the clerk of such new county in which the real property, the subject matter of such action or proceeding, is situated.
     (2) Said clerk of the district court of the new county in which said property is situated shall, upon the receipt of such files and papers and certified copies of the minutes of the court, file said papers in his office as transferred files from the original county and shall enter and transcribe upon his records any final judgment or decree or order contained in such files or papers or records so transferred.
     (3) Upon the receipt and filing of the files and papers in any action or proceeding transferred to a new county in accordance with the provisions of this section, the district court of such new county in which such files and papers shall have been transferred shall have the same jurisdiction with reference to said real property for the enforcement of any decree, judgment, or order that may have been entered therein or for such other proceedings as may be necessary in such action or proceeding as the district court had in the county wherein such action or proceeding was originally begun.

     History: (1), (2)En. Sec. 1, Ch. 20, L. 1907; re-en. Sec. 2867, Rev. C. 1907; re-en. Sec. 4415, R.C.M. 1921; re-en. Sec. 4415, R.C.M. 1935; Sec. 16-608 R.C.M. 1947; (3)En. Sec. 2, Ch. 20, L. 1907; Sec. 2868, Rev. C. 1907; re-en. Sec. 4416, R.C.M. 1921; re-en. Sec. 4416, R.C.M. 1935; Sec. 16-609, R.C.M. 1947; R.C.M. 1947, 16-608, 16-609.