Title 16, Particular Actions, Proceedings and Matters. [Enacted title]

It is not a bar to the plaintiff’s recovery in an action of ejectment that the legal title to the property claimed is outstanding in another as mortgagee or trustee under a mortgage or deed of trust to secure a debt, unless the mortgagee or trustee, or those claiming under him, h…

Where real property has been sold under a written contract executed by the vendor, and there has been such a performance of its terms by the vendee as would entitle him to a decree for a conveyance of the legal title, without condition, the vendor may not recover the property fro…

When it appears on the trial in an action of ejectment that some of the defendants occupy distinct parcels of the property claimed, in severalty, the plaintiff, if entitled to recover, may in the discretion of the court, have several judgments against the respective parties, acco…

The plaintiff, under a claim to certain described premises, may recover less than the whole property claimed, and, under a claim to an entire property, may recover an undivided part thereof.

(a) The plaintiff may embody in his complaint, in a separate count, a claim for the: (1) mesne profits received by the defendant from the property sued for; or (2) clear value of the use and occupation of the property sued for — extending to the time of the verdict, and also dama…

(a) In an action in ejectment against his tenant, a landlord may embody in his complaint, in separate counts, claims for: (1) furniture, if leased with the realty; (2) arrears of rent due at the termination of the tenancy; (3) double rent in cases authorized by this Code from the…

The plaintiff in ejectment is not required to join his claim for rent or damages with his claim for the recovery of the land and his omission to do so does not prevent him from bringing his action for rent or damages separately.

If the title of the plaintiff in ejectment expires after the commencement of his action but before the trial, and but for the expiration he would have been entitled to recover, the verdict shall find the facts, and the plaintiff may recover his damages sustained by the wrongful w…

In an action to recover vacant and unimproved lots of ground it is not necessary, in order to maintain the defense of adversary possession, to show that the premises in controversy had been enclosed; but if it appears that the property had been assessed for taxation to the defend…

(a) In an action of ejectment, if the plaintiff’s title is established by proof, the verdict of the jury shall be generally for the plaintiff as to the whole or part of the property or interest claimed in the complaint, as the case may be. If the plaintiff fails to make satisfact…

A final judgment rendered in an action of ejectment is conclusive as to the title thereby established as between the parties to the action and all persons claiming under them since the commencement of the action.

In an action of ejectment, at any time before the trial, the defendant may give notice that if the verdict of the jury is in favor of the plaintiff’s title the defendant will claim the benefit of permanent improvements that may have been placed on the property by the defendant or…

Either party who feels aggrieved by the assessment provided for by section 16-1116 , may, within four days after the verdict, move to set the assessment aside, and the court may, for good cause shown, set the verdict aside and order another jury to be empaneled in the cause to ma…

When the damages of the plaintiff, assessed as provided by section 16-1116 , exceed the value of the permanent improvements as ascertained by the jury, the plaintiff shall be entitled to a judgment for the excess in like manner as directed by section 16-1109 .

When the value of the improvements, ascertained as provided by this chapter, equal but do not exceed the plaintiff’s damages, as found by the jury, the plaintiff shall be entitled to judgment only for the recovery of the property sued for and costs.

If the value of the improvements referred to in this chapter is found by the jury to exceed the damages of the plaintiff, the plaintiff may elect either to pay to the defendant the amount of the excess or to demand of the defendant the value of the plaintiff’s property, without t…

When the plaintiff pays to the defendant, within the time fixed therefor by the court, or, in case of the defendant’s refusal to accept the payment, pays into court for the defendant’s use the amount of the excess of the value of the improvements over the damages of the plaintiff…

If the plaintiff tenders to the defendant a deed as provided by section 16-1120 and demands the value of his property without the improvements, as found by the jury, and the defendant fails or refuses to pay the value within the time fixed therefor by the court, the plaintiff sha…

If the plaintiff fails or refuses either to pay the defendant the excess of the value of the improvements over the amount of the plaintiff’s damages, or, as provided by the chapter, to tender a deed to the defendant and accept from him the value of the plaintiff’s property, exclu…

(a) In a case between landlord and tenant, where one-half year’s rent or more is in arrear and unpaid, and the landlord or lessor to whom the rent is due has the right by law, in default of a sufficiency of goods and chattels whereon to distrain for the satisfaction of the rent d…

(a) A person entitled to claim real property, after the death of another person who has a prior estate therein, may, not oftener than once a year, petition the court for an order directing the production of the tenant for life, as prescribed by this subchapter, by a person, named…

Upon the presentation of the petition and affidavit prescribed by section 16-1151 , the court shall issue an order to the person named in the petition to produce and show to the persons named in the order by the petitioner not exceeding two in number, at such time and place as th…

(a) If a person upon whom an order, as prescribed by section 16-1152, is served, refuses or neglects to produce the person upon whose life the prior estate depends in the manner provided by the order, the court shall order him to produce the person in court or before commissioner…

If before, or at the time of, the presentation of the commissioners’ return provided for by section 16-1153 , or, where commissioners are not appointed, at any time before a final order is made, the party upon whom the first or second order is served presents to the court presump…

The possession of real property that has been awarded to a petitioner pursuant to this subchapter, upon the presumption of the death of the person upon whose life the prior estate depends, shall be restored, by an order of the court, to the person evicted, or to his heirs, or leg…

A person evicted, as prescribed by this subchapter, may, when the presumption upon which he is evicted is erroneous, maintain a civil action against the person who has occupied the property, or his executor or administrator, to recover the full profits of the property during the …

When a guardian, trustee, or other person holding an estate or interest determinable upon the life of another person, shows by affidavit or otherwise to the satisfaction of the court, that: (1) he has used his utmost efforts to procure the tenant for life to appear in the court o…

A guardian or trustee for an infant, or other person having an estate determinable upon life or lives, who, after the determination of the particular estate or interest, without the express consent of the person or persons who is or are next and immediately entitled thereto, hold…