Page:United States Statutes at Large Volume 31.djvu/435

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FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. 383 CHAPTER THIRTY-TWO. OF ACTIONS TO RECOVER THE POSSESSION OF REAL PROPERTY. - j Sec. Sec. 301. Who may bring such action, and 308. Order to make survey of the propagainst whom. erty. j 302. When landlord may be made de- 309. Same subject. . fendant m place 0 tenant. _ 310. Action not to be prejudiced by 303. What to be p eaded m complaint. alienation of person in possession. 304. Defendant not to be_allowed to give 311. Mortgagee can not maintain action evidence in certain matters, un- against mortgagor. less. Judgment, when conclusive 312. Action by tenant in. common or for ' against landlord. · ‘ dower, what must be shown. 305. What the jury shall find by their 313. Action against lessee on failure to verdict. pay rent. 306. What damages may be recovered, 314. When judgment conclusive, and and when the value of permanent upon whom. improvements may be set off 315. Possession not to be affected by oragainst such damages. der allowing new trial. 307. Verdict when right of possession 316. Admeasurement of dower after expires after commencement of judgment. action. _ Sec. 301. Any lperson who has a legal estate in real property, and a acltjgg ¤¤:l{g>fi¤;g§gs!; present right to the. possession thereof, may recover such ossession, whom: g with damages for witholdin the same, by an action. Slick action shall be commenced against tlie person in the actual possession of the property at the time, or, if the property be not in the actualrpossession of anyone, then against the person acting as the owner thereof. Sec. 302. A defendant who is in actual possession may, for answer, bwhféligugivsdmmr plead that he is in possession only as tenant of another, naming him plaa.1dhof%te`iiallfi1t.aut and his place of residence; and thereupon the landlord, if he apply therefor, shall be made defendant in place of the tenant, and the action shall proceed in all respects as if or1ginally commenced against him. If the landlord do not apply to be made defendant within the day the tenant is allowed to answer, thereafter he shall not be allowed to, but he shall be made defendant if the plaintiff require it. If the landlord be made defendant on motion of the plaintiff, he shall be required to alppear and answer within twenty days from notice of the fpendency of t e action and the order making him defendant, or such urther time as the court or judge thereof may prescribe. Sec. 303. The plaintiff in his complaint shall set forth the nature of iuvggt {3,*;*; Pmdsd his estate in the property, whether it be in fee, for life, or for a term P ` of years, and for whose life, or the duration of such term, and that he i is entitled to the possession thereof, and that the defendant wrongfully i withholds the same from him to his damage in such sum as may be therein claimed. The property shall be described with such certainty as to enable the possession thereof to be delivered if a recovergr be had. Sec. 304. The defendant shall not be allowed to give in evi ence any Mpefendmt rmttvbp . , . . . . owed to give eviestate in himself, or another in the property, or any IICGHSB or right dencein certain mae. _to the possession thereof, unlessthe same be pleaded in his answer. *°”·““’°“· If so pleaded, the nature and duration of such estate, or license, or right to the possession shall be set forth with the certainty and particularit requmed in a complaint. If the defendant does not defend for the whole of the property, he shall specify for what particular part he does defend. ‘ In an action against a tenant the judgment shall be con- w·L¤;,§1§ig¤;¤¤;*·a*§!;$s¤; , clusive against the landlord who has been made defendant in place of xsumom. E ` the tenant to the same extent as if the action had been originally commenced a ainst him. s Sec. 305. '§he jury by their verdict shall find as follows: §xf§*{$j,§§,j"§;{,{*}}:*;“ First. If- the verdict be for the plaintiff, that he is entitled to the ` possession of the property described in the complaint, or some part thereof, or some undivided share or interest, in eit er, and the nature