12-1251. Right of recovery; procedure A. A person having a valid subsisting interest in real property and a right to immediate possession thereof may recover the property by action against any person acting as owner, landlord or tenant of the property claimed. B. The action shall be commenced and prosecuted as other civil actions. C. […]
12-1252. Title of plaintiff; joint owners; proof A. The plaintiff must recover on the strength of his own title. B. In an action by a tenant in common or joint tenant against his cotenant, plaintiff shall show, in addition to his evidence of right, that the defendant either denied plaintiff’s right or did some act […]
12-1253. Defendant as tenant; substitution of landlord; notice of action A. If upon answer of defendant it appears that defendant claims only as a tenant, the answer shall also state the name and residence of the landlord. In such case, the landlord may be substituted by service of summons upon him and the judgment shall […]
12-1254. Survey; order; service of order The court on motion and after notice to the opposite party may grant an order allowing the party applying therefor to enter upon the land in controversy and make a survey for purposes of the action. The order shall describe the property, and a copy of the order shall […]
12-1255. Verdict A. The verdict may specify the extent and quantity of plaintiff’s estate and the premises to which he is entitled by metes and bounds or other sufficient description. B. A general verdict in favor of plaintiff without specifications entitles plaintiff to the quantity of interest or estate in the premises as set forth […]
12-1256. Damages; limitation; set-off A. If the interest of plaintiff expires before the time in which he may be put in possession, he shall obtain judgment for damages only. B. The plaintiff shall not recover for the use and occupation of the premises for more than five years prior to commencement of the action. C. […]
12-1257. Liability of tenant A tenant in possession in good faith, under a lease or license from another, is not liable beyond the rent in arrears at the time the action is brought, and that which afterward accrues during continuance of his possession.
12-1258. Allegation of growing crops; stay of execution; bond and conditions If defendant alleges that he has a crop sowed, planted or growing on the premises, the judge or jury, finding for plaintiff, and also finding that fact, shall further find the value of the premises from the date of the trial until February 1 […]
12-1259. Judgment for plaintiff for rental value from time of judgment to delivery of possession A. When plaintiff shows himself entitled to immediate possession of the premises, judgment shall be entered accordingly. B. The plaintiff may also, on motion and ten days notice in writing, have judgment for the rent or rental value of the […]
