US Lawyer Database

§ 18-60-502. Petition

(a) A claimant shall file in the office of the clerk of the circuit court of the county in which the land is situated a petition describing the land and stating facts which show a prima facie right and title to the land in himself or herself and that there is no adverse occupant thereof. […]

§ 18-60-307. Proceedings in court

(a) When any person to whom any cause of action shall accrue under this subchapter shall file in the office of the clerk of the court a complaint signed by him or her, his or her agent or attorney, specifying the lands, tenements, or other possessions so forcibly entered and detained, or so unlawfully detained […]

§ 18-60-308. Title to premises not adjudicated

In trials under the provisions of this subchapter, the title to the premises in question shall not be adjudicated upon or given in evidence, except to show the right to the possession and the extent thereof.

§ 18-60-310. Execution of writ of possession

(a) Upon receipt of a writ of possession from the clerk of the court, the sheriff shall immediately proceed to execute the writ in the specific manner described in this section and, if necessary, ultimately by ejecting from the property described in the writ the defendant or defendants and any other person or persons who […]

§ 18-60-311. Judgment for defendant

(a) In all cases of forcible entry and detainer and unlawful detainer, when the defendant disputes the plaintiff’s right of possession, it shall be lawful for the defendant to introduce before the court or the jury trying the main issue in the action evidence showing the damage he or she may have sustained in being […]

§ 18-60-312. Other causes of action not precluded

(a) Neither the judgment to be rendered by the court in matters brought pursuant to the provisions of this subchapter nor anything in this subchapter shall bar or preclude the party injured from bringing any cause of action for trespass or ejectment, or any other action, against the offending party. (b) All claims, causes of […]

§ 18-60-401. Petition — Determination of heirs property — Applicability

(a) Under this subchapter, any persons having any interest in and desiring a division of land held in joint tenancy, in common, as assigned or unassigned dower, as assigned or unassigned curtesy, or in coparceny, absolutely or subject to the life estate of another, or otherwise, or under an estate by the entirety when the […]

§ 18-60-403. Parties generally

(a) Every person having an interest as is specified in § 18-60-401, whether in possession or otherwise, and every person entitled to dower or curtesy in the premises, if it has not been admeasured, shall be made a party to the petition. (b) In cases in which one (1) or more of the parties, or […]

§ 18-60-405. Guardians for infants or individuals with mental illness

(a) The statutory guardian of an infant or of an individual with mental illness may file or unite in the petition in the names of, and in conjunction with, the infant or person of unsound mind. (b) (1) If the petition is filed against infants or individuals with mental illness, the guardian may appear and […]