§ 4811. When and for what maintainable When the plaintiff commences an action of ejectment, the defendant shall counterclaim for the value of the improvements made upon the land by him or her or by those under whom he or she claims, if he or she or his or her predecessors in title purchased the […]
§ 4813. Proceedings in ejectment stayed; lands charged Final judgment shall not be entered upon the claim for ejectment until entry of final judgment on the counterclaim. The lands recovered by the plaintiff shall be held to respond to any judgment on the counterclaim for the defendant as if those lands had been attached on […]
§ 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 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 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 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 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.)
§ 4819. Dismissal by plaintiff Further proceedings shall not be had on the counterclaim for betterments when the judgment is awarded to the plaintiff on his or her claim of title and he or she, within 30 days of the rendition of judgment, shall lodge with the clerk a warranty deed to the defendant of […]
§ 4820. Valuation determined After such deed is so lodged, the court shall appoint a committee of three disinterested persons from the vicinity in which the land lies, who, on oath, shall ascertain what would then have been the value of such land if betterments had not been made thereon, and make and return a […]
§ 4821. Value paid; no further proceedings Further proceedings shall not be had on the judgment rendered in the action of ejectment, when the defendant pays to the plaintiff or to the clerk of the court for the use of the plaintiff or his or her legal representatives, the sum reported by the committee, with […]
§ 4822. Value not paid; writ to issue When the defendant does not pay an installment of the sum so reported, with costs and interest from the date of the deed, such deed shall be returned to the plaintiff, and the writ of possession and execution for the costs shall issue accordingly.
§ 4823. Rights of a representative When either party dies pending the proceedings as to betterments, his or her executor or administrator may do, as to such proceedings for betterments, whatever the deceased party could have done had he or she been living. A conveyance by an executor or administrator, agreeably to this chapter, shall […]
§ 4824. Previous limitations not to apply The provisions of this chapter relating to betterments shall extend to the cases therein provided for, as though acts of limitation or sections of such acts had not been passed.
