32-17-08. Answer - Counterclaim

32-17-08. Answer - Counterclaim

In an action to determine adverse claims, a defendant in the defendant's answer may deny

that the plaintiff has the estate, interest, lien, or encumbrance alleged in the complaint, coupled

with allegations setting forth fully and particularly the origin, nature, and extent of the

defendant's own claim to the property, and, if such defendant claims a lien, the original amount

secured thereby and the date of the same, and the sum remaining due thereon, whether the

same has been secured in any other way or not, and if so secured, the nature and extent of

such security, or the defendant likewise may set forth the defendant's rights in the property as a

counterclaim and may demand affirmative relief against the plaintiff and any codefendant, and in

such case the defendant also may set forth a counterclaim and recovery from a plaintiff or a

codefendant for permanent improvements made by the defendant or those under whom the

defendant claims, holding under color of title in good faith adversely to the plaintiff or

codefendant against whom the defendant seeks a recovery. Such counterclaim shall set forth

among other things the value of the land aside from the improvements thereon, and, as

accurately as practicable, the improvements upon the land and the value thereof, and in such

case such defendant also may set forth as a counterclaim the defendant's demand for recovery

of the value of the use and occupation of the premises and value of property wasted or removed

therefrom. The answer shall be deemed served on codefendants by filing the same in the office

of the clerk of court of the county where the action is pending at any time within twenty days

after the service of summons on such defendant is complete. If affirmative relief is demanded

against codefendants, the allegations constituting counterclaims shall be deemed controverted

by all the parties, as upon a direct denial or avoidance, as the case may require, without further

pleading.