Page:1862 Territory of Dakota Session Laws.pdf/73

50 for the recovery of personal property taken by him under execution, or for the proceeds of such property so taken and sold by him; and the defendant in such action shall be entitled to the benefit of those provisions against the party, in whose favor execution issued, upon exhibiting to the court the process under which he acted, with his affidavit that the property, for the recovery of which, or its proceeds, the action is brought, was taken under such process.

. 41. In an action against a sheriff, or other officer, for the recovery of property taken under an execution, and replevied by the plaintiff in such action, the court may, upon application of the defendant and the party in whose favor the execution issued, permit the latter to be substituted as the defendant, security for the costs being given.

. 42. Actions for the following causes, must be brought in the county in which the subject of the action is situated, except as provided in section forty-four: 1. For the recovery of real property, or of an estate or interest therein. 2. For the partition of real property. 3. For the sale of real property under a mortgage, lien, or other incumbrance or charge.

. 43. If the real property, the subject of the action, be an entire tract and situated in two or more counties, or if it consists of separate tracts situated in two or more counties, the action may be brought in any county in which any tract, or part thereof, is situated, unless it be an action to recover the possession thereof. And if the property be an entire tract, situated in two or more counties, an action, to recover the possession thereof, may be brought in either of such counties; but if it consists of separate tracts in different counties, the possession of such tracts must be recovered by separate actions brought in the counties where they are situated. An action to compel the specific performance of a contract of sale of real estate, may be brought in the county where the defendants, or any of them, reside.

. 44. Actions for the following causes must be brought in the county where the cause, or some part thereof, arose: