Page:United States Statutes at Large Volume 76A.djvu/458

–362– -362§ 1696. Injunction against injury during foreclosure or after execution sale The court may, by injunction, on good cause shown, restrain the party in possession from doing any act to the injury of real property during the foreclosure of a mortgage thereon; or, after a sale on execution, before a conveyance. § 1697. Damages for injury after execution sale When real property has been sold on execution, the purchaser thereof, or any person who may have succeeded to his interest, may, after his estate oecomes absolute, recover damages for injury to the property by the tenant in possession after sale, and before possession IS delivered under the conveyance. § 1698. Alienation of real property pending action An action for the recovery of real property against a person in possession is not prejudiced by any alienation made by that person, either before or after the commencement of the action. § 1699. Joinder of defendants; writ of possession In an action brought by a person out of possession of real property, to determine an adverse claim of an interest or estate therein, the person making the adverse claim and persons in possession may be joined as defendants, and if the judgment is for the plaintiff, he may have a writ for the possession of the premises, as against the defendants in the action, against whom the judgment has passed. § 1700. Tenants in common, etc., as parties All persons holding as tenants in common, joint tenants, or copartners, or any number less than all, may jointly or severally commence or defend any civil action or proceeding for the enforcement or protection of the rights of such party. § 1701. Description of real property in pleadings In an action for the recovery of real property, it must be described in the complaint with such certainty as to enable an officer, upon execution, to identify it. § 1702. Verdict in action to recover personal property In an action for the recovery of specific personal property, if the roperty has not been delivered to the plaintiff, or the defendant by is answer claims a return thereof, the jury, if their verdict is in favor of the plaintiff, or if in favor of defendant and they also find that he is entitled to a return thereof, shall find the value of the property, and, if so instructed, the value of specific portions thereof, and may at the same time assess the damages, if any are claimed in the complaint or answer, which the prevailing party has sustained by reason of the taking or detention of the property. § 1703. Judgment in action to recover personal property In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession or the value thereof, in case a delivery cannot be had, and damages for the detention. If the property has been delivered to the plaintiff, and the defendant claims a return thereof, judgment for the defendant may be for a return of the property or the value thereof, in case a return cannot be had, and damages for taking and withholding the property. § 1704. Application of chapter to magistrates' courts Sections 1691-1701, 1703, 1731-1734, and 1762 of this title apply to the magistrates' courts insofar as they relate to actions within the jurisdiction of the magistrates' courts. Sections 1801-1819 of this title apply to the magistrates' courts as provided by section 1819 of this title.

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