Title 12, Title 12: Court Procedure

§ 4765. Damages; transfer of title pending action If judgment is rendered for the plaintiff in an action of ejectment, he or she shall recover his or her damages and the seisin and possession of the premises. If the title of the plaintiff expires or is conveyed by him or her afte…

§ 4766. Effect of judgment While remaining in force, the judgment recovered in an action of ejectment shall be conclusive against the parties thereto, their heirs, and assigns.

§ 4773. Ejectment for nonpayment of rent; proof; payment In actions of ejectment for nonpayment of rent, the plaintiff shall not be required to prove a demand of the rent in arrear or a stipulation for reentry on nonpayment of rent or a reentry on the premises, but shall recover …

§ 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 titl…

§ 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 def…

§ 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 a…

§ 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 staye…

§ 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 fu…

§ 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.…

§ 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 dee…

§ 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 …

§ 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 rep…

§ 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 accordi…

§ 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 exec…

§ 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.

§ 4851. Issuance of process by Superior judge When the lessee of lands or tenements, either by parole or written lease, or a person holding under the lease, holds possession of the demised premises without right, after the termination of the lease by its own limitation or after b…

§ 4852. Mode of process; declaration; trial by jury The process may issue as a summons or writ of attachment, requiring the defendant to appear and answer to the complaint of the plaintiff which shall state that the defendant is in the possession of the lands or tenements in ques…

§ 4853. Service of process The process shall be served and notice given as in other civil actions. (Amended 1971, No. 185 (Adj. Sess.), § 140, eff. March 29, 1972; 1973, No. 249 (Adj. Sess.), § 30, eff. April 9, 1974.)

§ 4853a. Payment of rent into court; expedited hearing [Subsection (a) as amended by 2007, Act No. 125 (Adj. Sess.), § 1.] (a) In any action against a tenant for possession, the landlord may file a motion for an order that the tenant pay rent into court. The motion may be filed a…

§ 4853b. Unlawful occupant; expedited hearing (a)(1) In an action for ejectment, the landlord, the landlord’s agent, or the tenant may file a motion for a judgment that the plaintiff is entitled to immediate possession of the premises on the grounds that the defendant is a person…

§ 4854. Judgment for plaintiff; writ of possession If the court finds that the plaintiff is entitled to possession of the premises, the plaintiff shall have judgment for possession and rents due, damages, and costs, and when a written rental agreement so provides, the court may a…

§ 4854a. Property of tenant remaining on premises after eviction (a) A landlord may dispose of any personal property remaining in a dwelling unit or leased premises without notice or liability to the tenant or owner of the personal property: (1) 15 days after a writ of possession…

§ 4855. Close jail execution, when not to issue When such judgment includes rent for the use of leased premises prior to the giving of notice to quit, the court shall not certify on an execution issued thereon that the cause of action arose from the willful and malicious act and …

§ 4856. Judgment for defendant; execution When the plaintiff’s complaint is dismissed or he or she does not prove his or her right to the possession, the defendant shall have judgment for his or her costs, and execution therefor. (Amended 1971, No. 185 (Adj. Sess.), § 141, eff. M…