Page:United States Statutes at Large Volume 77.djvu/598

 566

PUBLIC LAW 88-241-DEC. 23, 1963

[77 STAT.

§ 16-1110. Recovery, by landlord, of furniture, arrears in rent, and damages; separate counts (a) In an action in ejectment against his tenant, a landlord may embody in his complaint, in separate counts, claims for: (1) furniture, if leased with the realty; (2) arrears of rent due at the termination of the tenancy; (3) double rent in cases authorized by this Code from the termmation of the tenancy to the verdict for possession; and (4) damages for waste or injury to the premises or furniture durinf^ the defendant's occupancy of the premises and before commencement of the action. (b) If the jury find for the landlord, they may, at the same time, find the amounts due for arrears of rent and for double rent and for damages, as provided by subsection (a) of this section, and judgment ah&\\ be rendered accordingly. § 16-1111. Separate action for rent or damages The plaintiff in ejectment is not required to join his claim for rent or damages with his claim foi* the recovery of the land and his omission to do so does not prevent him from bringing his action for Tent or damages separately. ^ § 16-1112. Expiration of title pending suit; damages If the title of the plaintiff in ejectment expires after the commencement of his action but before the trial, and but for the expiration he would have been entitled to recover, the verdict shall find the factS5 and the plaintiff may recover his damages sustained by the wrongful withholding of the possession. § 16-lli3. Defense of adverse possession; enclosure In an action to recover vacant and unimproved lots of ground it is not necessary, in order to maintain the defense of adversary possession, to show that the premises in controversy had been enclosed; but if it appears that the property had been assessed for taxation to the defendant, or those under whom he claims, and that he or they had regularly paid the taxes on the property and were the only persons who had exercised control over the property for a period of fifteen years before the bringing of the action, the facts shall be the equivalent of possession by actual enclosure. §16-1114. Verdict; judgment; costs; future actions (a) In an action of ejectment, if the plaintiff's title is established by proof, the verdict of the jury shall be generally for the plaintiff as to the whole or part of the property or interest claimed in the complaint, as the case may be. If the plaintiff fails to make satisfactory proof of title, the verdict shall be for the defendant as to the whole or part of the property, as the case may be. The verdict may be for the plaintiff as to part and for the defendant as to other part thereof. Except as provided by this chapter, judgment shall be rendered according to the verdict. (b) When it appears 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 adversely to the plaintiff, the verdict of the jury shall be that the defendant is not guilty. Thereupon, judgment shall be rendered in favor of the defendant against the plaintiff for the costs of the action, but the judgment is not a bar to a future action by the plaintiff against the defendant for the recovery of the property.

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