§ 4814. Improvements considered
§ 4814. Improvements considered The damages in the action of ejectment arising from mesne profits shall be such only as are just and equitable, in view of improvements made upon the premises by the defendant or those under whom he or she claims.
§ 4815. Execution to issue against land only
§ 4815. Execution to issue against land only Execution on a judgment rendered on a counterclaim for betterments shall issue only against the land recovered in the action of ejectment, and not against the body or the other lands or the goods and chattels of the plaintiff in that action. (Amended 1971, No. 185 (Adj. […]
§ 4816. When execution or writ of possession may issue
§ 4816. When execution or writ of possession may issue When the defendant recovers judgment on his or her counterclaim for betterments, execution shall not issue thereon until four months from its rendition. The writ of possession in the action of ejectment shall be further stayed for the same time, unless the plaintiff in the […]
§ 4817. When entry was under contract
§ 4817. When entry was under contract Sections 4811-4816 of this title relating to betterments shall not extend to a person who has entered on land under a contract made with the legal owner, unless it appears on trial of the counterclaim for betterments that the owner has not fulfilled the contract. (Amended 1971, No. […]
§ 4818. Remedy against voucher
§ 4818. Remedy against voucher Sections 4811-4817 of this title shall not deprive a person of cause of action against his or her voucher, and the voucher may present evidence, in mitigation of damages, of the recovery of the defendant for betterments. (Amended 1971, No. 185 (Adj. Sess.), § 136, eff. March 29, 1972.)
§ 4764. Recovery according to right
§ 4764. Recovery according to right On trial in an action of ejectment, the plaintiff shall recover on the merits, according to his or her right.
§ 4761. When maintainable; parties
§ 4761. When maintainable; parties A person having claim to the seisin or possession of lands, tenements, or hereditaments shall have an action of ejectment, according to the nature of the case, which shall be brought as well against the landlord, if any, as against the tenant in possession of the premises, or against a […]
§ 4762. When judgment shall not prejudice landlord
§ 4762. When judgment shall not prejudice landlord When the plaintiff neglects to join the landlord, if any, with the tenant in such action, or by collusion with the tenant recovers judgment against him or her for the seisin of lands, such landlord shall not be prejudiced thereby, but shall be held to have the […]
§ 4763. When all tenants are not sued; disclaimer
§ 4763. When all tenants are not sued; disclaimer The writ in the action of ejectment shall not abate because all the tenants are not sued, but those on whom service is made shall answer for such part of the premises only as they set forth in their answer, and disclaim as to the remainder. […]