14 §6701. Recovery of estates by real action
§6701. Recovery of estates by real action Any estate in fee simple, in fee tail, for life or for any term of years may be recovered by a real action.
§6701. Recovery of estates by real action Any estate in fee simple, in fee tail, for life or for any term of years may be recovered by a real action.
§6702. Plaintiff must have right of entry No such action shall be maintained unless, at the time of commencing it, the plaintiff had such right of entry. No descent or discontinuance shall defeat any right of entry for the recovery of real estate.
§6703. Recovery of specific or undivided part The plaintiff may recover a specific part or undivided portion of the premises to which he proves a title, although less than he demanded.
§6704. Writs of possession; judgment conclusive If the plaintiff recovers judgment in any such case, the court may order one or more writs of possession to issue, as may be necessary, against all such as have been so notified, whether they appeared and defended or not; and such judgment is conclusive on them. Within […]
§6705. Election by plaintiff to abandon Judgment on such verdict shall not be entered for 10 days or such further time as the court may order, during which time the plaintiff may make his election on record to abandon the premises to the defendant at the value estimated by the jury and file with the […]
§6706. Installment payments by defendant At the end of one year, execution may issue for such sum with one year’s interest thereon and costs, unless the defendant shall have deposited with the clerk of the court for the plaintiff’s use, one year’s interest on said sum, and 1/3 of the principal sum, and all the […]
§6707. Defendant’s remedy if evicted If the defendant or his heirs are evicted by a better title from the land so abandoned to him, and they had notified the plaintiff or his heirs to aid them in their defense against such title, they, their executors or administrators may recover back the money so paid, with […]
§6708. Commitment of waste after judgment prohibited No defendant, after judgment is entered against him for the appraised value of the premises, shall unnecessarily cut wood, take away timber or make any strip or waste on the land until the amount of such judgment is satisfied.
§6709. Disqualification of juror interested in similar questions No person who, as proprietor or occupant, is interested in a similar question shall sit as juror in the trial of a cause when the value of buildings and improvements made on the demanded premises, and the value of the premises, are to be estimated.
§6710. View by jury Either party may have a view by the jury of the place in question, if in the opinion of the court it is necessary to a just decision. The party moving for it shall advance to the jury such sum as the court orders, to be taxed against the adverse party […]
§6711. Demand for life estate If the plaintiff claims an estate for life only in the premises and pays a sum allowed to the defendant for improvements, he or his executor or administrator, at the termination of his estate, is entitled to receive of the remainderman or reversioner the value of such improvements as they […]
§6712. Impeachment of plaintiff’s title deeds In all actions respecting lands or any interest therein, a title deed offered in evidence may be impeached by the defendant as obtained by fraud, where the grantor, if a party, could impeach it, if the defendant has been in the open, peaceable and adverse possession of the premises […]