70-29-102. Action by minor. (1) An action for the partition of real property shall not be brought by a minor, except by the written authority of the district judge of the county in which the property or a part thereof is situated. The authority shall not be given unless the district judge is satisfied, by affidavit or other competent evidence, that the interests of the minor will be promoted by bringing the action.
     (2) A judgment for a partition shall not be rendered in such an action unless the court is satisfied that the interests of the minor will be promoted thereby and that fact is expressly recited in the judgment.
     (3) A guardian ad litem for a minor party, in an action for partition, can be appointed only by the court or judge and must give an undertaking in a sum fixed by the judge for the faithful discharge of his trust, which undertaking must be approved by the judge and filed with the clerk.

     History: En. Sec. 1341, C. Civ. Proc. 1895; re-en. Sec. 6884, Rev. C. 1907; re-en. Sec. 9517, R.C.M. 1921; re-en. Sec. 9517, R.C.M. 1935; R.C.M. 1947, 93-6302; amd. Sec. 4, Ch. 2, L. 1983.