US Lawyer Database

§ 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 […]

§ 18-60-406. Court-appointed guardians for minors

(a) It shall be lawful for the circuit court of the proper county, for any of the purposes intended by § 18-60-401, and before or after any proceedings by virtue thereof, to appoint a guardian for any minor, whether the minor resides in or out of this state. The guardian, for all the purposes of […]

§ 18-60-301. Legislative intent

(a) Acts 1875, No. 85 [repealed], as amended by Acts 1875 (Adj. Sess.) No. 56; Acts 1891, No. 8 [repealed] and Acts 1947, No. 373 [repealed], which declare and describe the cause of action for forcible entry and detainer and unlawful detainer and prescribe the procedure for carrying out the rights and remedies granted to […]

§ 18-60-302. Improper entry prohibited

No person shall enter into or upon any lands, tenements, or other possessions and detain or hold them except when an entry is given by law, and then only in a peaceable manner.