14 §6960. Valuation of betterments
§6960. Valuation of betterments If the defendant, so claiming, alleges and proves that he and those under whom he claims have had the premises in actual possession for more than 20 years prior to the commencement of the action, the jury may find that fact. In estimating the value of the premises, if no buildings […]
14 §6961. No abandonment; payment for improvements
§6961. No abandonment; payment for improvements When the plaintiff does not elect so to abandon the premises, no writ of possession shall issue on his judgment, nor a new action be sustained for the land unless, within one year from the rendition thereof, he pays to the clerk or to such person as the court […]
14 §6962. Restriction of right to betterments
§6962. Restriction of right to betterments Nothing contained in this chapter concerning rents and profits, or the estimate and allowance of the value of the buildings and improvements, shall extend to any action between a mortgagor and mortgagee, their heirs and assigns, or to any case where the defendant or the person under whom he […]
14 §6963. Agreement on reference as to value of improvements
§6963. Agreement on reference as to value of improvements When the parties agree that the value of the buildings and improvements on the land demanded, and the value of the land, shall be ascertained by persons named on the record for that purpose, their estimate, as reported by them and recorded, is equal in its […]
14 §6964. Proposal of value for premises and betterments by defendant; effect
§6964. Proposal of value for premises and betterments by defendant; effect When the defendant, at any stage of such action, files a statement in open court consenting to a sum at which the buildings and improvements and the value of the demanded premises may be estimated, if the plaintiff consents thereto, judgment shall be rendered […]
14 §6965. Setoff of costs against improvements
§6965. Setoff of costs against improvements In all cases where the plaintiff does not abandon the premises to the defendant, the court may, on written application of either party during the term when judgment is entered, order the costs recovered by the plaintiff to be setoff against the appraised value of the buildings and improvements […]
14 §7051. Allowance and execution
§7051. Allowance and execution Execution shall issue as in other cases for such damages as have been recovered and for full costs to the prevailing party. The court may order execution for costs to be issued against the goods and estate of a deceased party in the hands of his executor or administrator, or otherwise, […]
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, […]