Page:United States Statutes at Large Volume 31.djvu/1401

 FIFTY SIXTH CONGRESS. Sess. ll. C11. 851. 1901. l349 Sec. 998. EXPIRATION or TITLE PENDING sU1T.»—If the title of the p&§§,{’jQ’_?$,Q’g °‘ “"° plaintiff in ejectment shall expire after the commencement of the suit “°' ' but before the trial, and but for said expiration he would have been entitled to recover, the verdict shall find such facts. and the plaintiff shall be entitled to recover his damages sustained by the wrongful withholding of the possession. Sec. 999. Anviansn rossEssIoN.—In an action to recover vacant and Ad"“”“ ¥"’“S°`*“’“· unimproved lots of ground it shall not be necessary, in order to maintain the defense of adversary possession, to show that the premises in controversy had been inclosed; but if it appear that the property had been assessed for taxation to the defendant, or those under whom he claims, and thathe O1' they had regularly paid the taxes on the same and were the only persons who had exercised control over the same for a period of fifteen years before the bringing of the action, such facts shall be the equivalent of possession by actual inclosure. _ _ _ _ Sec. 1000. VERDICT.—If the plaintiff’s title be established by proof, V“’d‘°“°“"“"‘““ the verdict of the jury shall be generally for the plaintiff as to the whole or part of the property claimed in the declaration, as the case may be; if, on the contrary, the plaintif fail to make satisfactory ”"°’ d°f"“d"“‘·°‘°· proof of title, the verdict shall be for the defendant as to the whole or part of the_pIjoperty, as the case may be, and it may be for the plaintiff as to part and for the defendant as to other part thereof, and judgment shall be rendered according to the verdict, except as hereinafter provided. Sec. 1001. If it appear on the trial that the defendant did not wrongfully enter into possession of the property sued for, or exercise acts of ownership over the same adverse y to the plaintiff, as aforesaid, the verdict of the jury shall be that the defendant is not guilty, and thereupon judgment shall be rendered in favor of the defendant against the plaintiff for the costs of the action, but such judgment shall not be a bar to a future action by the plaintiff against the defendant for the recovery of the property. Sec. 1002. JUDGMENT.-—Allj’ final judgment rendered in an action ‘l“dgm“‘*‘ of ejectment shall be 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. Sec. 1003. IMrRovEMENTs.——If at any time before the trial the de- Imp“’“"‘“€“"‘· fendant shall give notice that if the verdict of the jury shall be in favor of the plaintiif’s title the defendant will claim the benefit of permanent improvements that may have been placed on the property by the defendant or those under whom he claims, and shall offer evidence at the trial tending to show that he or those under whom he claims had peaceably entered into possession of the premises in controversy under a title which he or they had reason to believe and did believe to be good, and had erected valuable and (permanent improvements on said property, which were begun in goo faith before the commencement of the suit, the jury shall be directed, in case they End in favor of the plaintiff’s title and also find that such permanent improvements were made by the defendant, or those under whom he claims under the circumstances aforesaid, to assess- First. The damages of the plaintiff, being the clear value over and ;;’§§g§_¤;‘;Q* 0* dm above taxes and necessary expenses of the use and occupation of the` property, exclusive of said improvementsjto the defendant and those under whom he claims, during the whole period of their occupation of the same to the date of the verdict, and ·also any damage done 'to the property, by waste or otherwise, by said parties during said occuation. P Second. The resent value to the plaintids of any permanent improvements which may have been placed on the premises by the defendant or those under whom he claims.