US Lawyer Database

14 §7052. Prevailing defendant entitled to costs

§7052. Prevailing defendant entitled to costs A defendant who by answer defends for a part only and succeeds in his defense as to all of such part shall be entitled to all costs accruing from the time of the answer.  

14 §6952. Determination of rents and profits

§6952. Determination of rents and profits The rents and profits for which the defendant is liable are the clear annual value of the premises while he was in possession, after deducting all lawful taxes paid by him and the necessary and ordinary expenses of repairs, cultivation of the land or collection of the rents and […]

14 §7053. No costs to plaintiff where 40 years’ possession

§7053. No costs to plaintiff where 40 years’ possession In all real and mixed actions in which the defendant proves that he and those under whom he claims have been in the open, notorious, adverse and exclusive possession of the demanded premises, claiming in fee simple, for 40 years preceding the commencement of the action, […]

14 §6953. Allowance for improvements

§6953. Allowance for improvements In estimating the rents and profits, the value of the use by the defendant of improvements made by himself or by those under whom he claims shall not be allowed to the plaintiff.  

14 §6954. Defendant not liable for over 6 years’ rents

§6954. Defendant not liable for over 6 years’ rents The defendant is not liable for the rents and profits for more than 6 years, nor for waste or other damage committed before that time, unless the rents and profits are allowed as an offset to his claim for improvements.  

14 §6955. Recovery of damages against other persons

§6955. Recovery of damages against other persons Nothing herein contained shall prevent the plaintiff from maintaining an action for mesne profits or for damage to the premises against any person, except the defendant in a real action who has had possession of the premises or is otherwise liable to such action.  

14 §6956. Betterments allowed after 6 years’ possession

§6956. Betterments allowed after 6 years’ possession When the demanded premises have been in the actual possession of the defendant or of those under whom he claims for 6 successive years or more before commencement of the action, such defendant shall be allowed a compensation for the value of any buildings and improvements on the […]

14 §6957. Tenant ousted after 6 years may recover for improvements

§6957. Tenant ousted after 6 years may recover for improvements When a person makes entry into lands or tenements of which the tenant in possession, or those under whom he claims, have been in actual possession for 6 years or more, and withholds from such tenant the possession thereof, the tenant may recover of the […]

14 §6958. Defendant may have betterments

§6958. Defendant may have betterments The defendant shall have the benefit of this chapter as to the increased value of premises when the cause, including all real actions brought by a reversioner or remainderman, or his assigns, after the termination of a tenancy in dower, or any other life estate, against the assignee or grantee […]

14 §6959. Request of either party for appraisal of improvements

§6959. Request of either party for appraisal of improvements The responsive pleading of the defendant shall state as a counterclaim any claim which he has to compensation for buildings and improvements on the premises and may request an estimation by the jury of the increased value of the premises by reason thereof. The plaintiff may […]