Page:United States Statutes at Large Volume 31.djvu/436

 384 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. and duration of his estate in such property, part thereof, `or undivided share or interest in either, as the case may be; j _ _ _ Second. If the verdict be for the defendant, that the plaintiff is not entitled to the possession of the iprcziperty described in the complaint, or to such part thereof as the de en ant defends for, and the estate in such property or part thereof, or license or right to the possession of either, established on the trial by the defendant, if any; in effect as the same required to be pleaded. bewhgzgggjgges 1;% ‘S}no.13106. Tlhe plaintiff sjhall pnly be entitled to recover damglges fpr when the value ei wit ho ing the property or the term of six years next prece `ng the ?s(%it§'ghg;;?sgg such commencement to the time of giving a verdict therein, exclusive of the use of permanent improvements made by the defendant. When ` permanent improvements ave been made upon the property by the defendant, cir thoie upder vghom he claims,dhol<%`gighund¢=ir collor of title adverse y to the c aim o laintiff in goo fai the va ue thereof at the time of trial, not exceeding such damages, shall be allowed as a, set-off. fvergggsivggegxviggg Sec. 307. If the right of the plaintiff to the possession of the property gnxeemmeueeilfeut expire after the commencement of the action, and before the tria , the °‘ “°“°“· verdict shall be given according to the fact, and judgment shall be given only for the damages. v€0rggh%> ¤j¤0¤·l;$_t;¤r- Sec. 308. The court or judge thereof, on motion, and after notice to _y P Pthe adverse party, may, for cause shown, grant an order allowing the party applying therefor to enter upon the fproperty in controversy, and ma e survey and admeasurement thereo, for the purposes of the action. ‘ ‘ v S¤m<·= ¤“*>i°°*· ·. Sec. 309. The order shall describe the property, and a copy thereof shall be served upon the defendant, and thereupon the party may_enter upon the property and make such survey and admeasurement, but 1f any _ unnecessary injury be done to the premises he shall be liable therefor. p,é§},‘g§€d“g';, ,;‘{m*§i Sec. 310. An action for the recovery of the possession of real propngi og person in pcs- erty against a person in possession can not be prejudiced by any alien- “ °ation made by such person either before or after the commencementof the uaction; but i; %1cl:1 spieiéatioié be made after ltihe cgmmencement of e action an the e en ant oes not satisfy the ju ment recovered for damages for withholding the possession, such gamages may M rt 9 ca mt be gecovered by action against She purc asc;. H —. d 9 $*5** D- no. 311. A mortgage of rea property s a not be eeme a conmaintaxn action .. _, ¤s¤i¤¤¤ ¤¤<>¤g¤%<¤· veyance so as to enable the owner of the mortgage to recover ossession of the real property without a foreclosure and sale according to b t lavg, and a judgment thereon. h f d _ A°*i°¤ Y*°“““ i“ no. 312. In an action for the recove of dower be ore a measure- $$1lI$lu¤l¤Ii$1§2rs`f¤%vv£` ment, or by ahtenant in conilmon of re? pro(perty agginst a gzotenant, the laintiff s all show in a dition to the evi ence of is ri t of pos- “ sessibn, that the deferldanlt either denied the plaintiff’s right or did some act amountin to sue denial. I S€;§‘f},§°§,,§§,“§“$,$ ,{§“,; Sec. 313. When {fn case of a lease of real property and the failure of rem- tenant to pay rent, the landlord has a subsisting right to reenter for sucpl a fa1 ure, ang may bring an action tic recoveg the piosieislsiion of suc property an suc action is equiva ent tp a eman o e ren and a reentry dpon the property. But if, at any time before judgment in such aetion, the lessee or his successor in interest as to the whole or a part of the property pay to the plaintiH or bring into court the amountof rent then in arrear, with interest, and the costs of the action, and perform the other covenants or agreements on the part of the les> see, e shall be entitled to continuein the possession according to the Wh d terms of the lease. - ‘ h f 1 h °¤. 5** g **1***** Sec. 314. In an action to recover the possession o rea property the %il1d:l:llme’ and upon judgment therein shall be conclusive as to the estate in such property
 * ’°"“““""" imP’°"°‘ commencement of the action and for any period that may elapse from