Page:United States Statutes at Large Volume 76A.djvu/457

–361– -361SUBCHAPTER IV

FORCIBLE ENTRY AND DETAINEE

Sec.

1801. 1802. 1803. 1804. 1805. 1806. 1807. 1808. 1809. 1810. 1811. 1812. 1813. 1814. 1815. 1816. 1817. 1818. 1819.

Forcible entry defined. Forcible detainer defined. Unlawful detainer defined. Service of notice. Parties defendant. Parties generally. Complaint; issuance of summons. Form and service of summons. Arrest of defendant. Default judgment. Appearance and answer of defendant. Trial; showing required. Amendment to conform to evidence; continuance. Judgment. Relief against forfeiture of lease. Appeals. Stay pending appeal. Bules of practice. Jurisdiction of magistrates' courts.

Subchapter I—Property Actions Generally; Conflicting Claims § 1691. Action to quiet title to real and personal property (a) An action may be brought by any person against another who claims an estate or interest in real or personal property adverse to him, for the purpose of determining the adverse claim. (b) In an action to quiet title to, or to determine adverse claims to, real or personal property, when the validity or interpretation of a gift, devise, bequest, or trust, under any will or instrument purporting to be a will, whether admitted to probate or not, is involved, the will, or instrument purporting to be a will, is admissible in evidence; and all questions concerning the validity of any gift, devise, bequest, or trust therein contained, save such as belong exclusively to the probate jurisdiction, shall be determined in the action. If the will has been admitted to probate and interpreted by a decree of the district court, which decree has become final, the interpretation shall be conclusive as to the proper construction of the will, or any part thereof, so construed, in an action under this section. § 1692. Costs If the defendant in an action under section 1691 of this title disclaims in his answer any interest or estate in the property, or suffers judgment to be taken against him without answer, the plaintiff cannot recover costs. § 1693. Recovery of property; termination of plaintiff's right pending action In an action for the recovery of property, if 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 shall be according to the fact, and the plaintiff maj' recover damages for withholding the property. § 1694. Value of improvements as set-off When damages are claimed for withholding the property recovered, upon which permanent improvements have been made by a defendant, or those under whom he claims, holding under color of title adversely to the claim of the plaintiff, in good faith, the value of the improvements shall be allowed as a setoff against the damages. § 1695. Mortgage not a conveyance A mortgage of real property is not deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover possession of the real property without foreclosure and sale.

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