TITLE XVIII.
ACTIONS AND PROCEEDINGS IN PARTICULAR CASES.
CHAPTER I.—Actions concerning Real Property.
What to be stated in petition for recovery of real property.Sect. 562. In an action for the recovery of real property, it shall be sufficient, if the plaintiff state in his petition, that he has a real estate therein and is entitled to the possession thereof, describing the same, as required by section one hundred and twenty-three, and that the defendant unlawfully keeps him out of the possession. It shall not be necessary to state how the plaintiff's estate or ownership is derived.
What shall be sufficient answer.Sect. 563. It shall be sufficient, in such action, if the defendant in his answer deny, generally, the title alleged in the petition, or that he withholds the possession, as the case may be; but if he deny the title of the plaintiff, possession by the defendant shall be taken as admitted. Where he does not defend for the whole premises, the answer shall describe the particular part for which defence is made.
In an action by tenant in common.Sect. 564. In an action by a tenant in common of real property, against a co-tenant, the plaintiff must state in addition to what is required in the first section of this chapter, that the defendant either denies the plaintiff's right or did some act amounting to such denial.
Verdict and judgement in an action for recovery of real property.Sect. 565. In an action for the recovery of real property, where the plaintiff shows a right to recover at the time the action was commenced, but it appears that his right has terminated during the pendency of the action, the verdict and judgment must be according to the fact, and the plaintiff may recover for withholding the property.
Defeated party may demand new trial, when.Sect. 566. In an action for the recovery of real property, the party against whom judgment is rendered, may, at any time during the term at which the judgment is rendered, demand another trial by notice on the journal, and thereupon the judgment shall be vacated, and the action shall stand for trial at the next term.
