70-19-303. Statute of limitations for actions by grantee -- joinder of state. (1) An action may not be brought for or in respect to real property by any person claiming under letters patent or grants from this state unless the plaintiff or the plaintiff's ancestor, predecessor, or grantor was seized or possessed of the property in question within 10 years before the commencement of the action.

(2) In an action described in subsection (1), the state of Montana may be made a party defendant and has only the defenses that are available to other parties defendant to the action, provided that a judgment in any action may not include damages, attorney fees, or court costs against the state of Montana.