Page:United States Statutes at Large Volume 77.djvu/599

 77 STAT, j

PUBLIC LAW 88-241-DEC. 23, 1963

§ 16-1115. Conclusiveness of final judgment A final judgment rendered in an action of ejectment is conclusive as to the title thereby established as between the parties to the action and all persons claiming under tlieni since the conimencenient of the action. §16-1116. Improvements; notice; good faith; directions to jury; measure of d a m a g e s I n an action of ejectment, at any time before the trial, the defendant may give notice that if the verdict of the juiy is in favor of the plaintiff'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 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 coiitroversy 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 the property, which were begun in good faith before the commencement of the action. The court shall then direct the jury, in case they find in favor of the plaintiff's title and also find that the permanent improvements were made by the defendant, or those under whom he claims, under the circumstances described in this section, to assess the: (1) damages of the plaintiff, being the clear value over and above taxes and necessary expenses of the use and occupation of the property, exclusive of the improvements, during the whole period of the occupation of the property to the date of the verdict, and any damage done to the property, by waste or otherwise, by the parties during the occupation; (2) present value of any permanent improvements that may have been placed on the premises by the defendant or those under whom he claims; (3) present value of the property of the plaintiff without and exclusive of the improvements. § 1&-1117. New t r i a l as to assessment Either party who feels a g ^ i e v e d by the assessment provided for by section 1&-1116, may, withm four days after the verdict, move to set the assessment aside, and the court may, for good cause shown, set the verdict aside and order another jury to be empaneled in the cause to make a new assessment. § 16-1118. Judgment for damages in excess of improvements When the damages of the plaintiff, assessed as provided by section 16-1116, exceed the value of the permanent improvements as ascertained by the jury, the plaintiff snail be entitled to a judgment for the excess in like manner as directed by section 16-1109. § 16-1119. Judgment when improvements and damages are equal When the value of the improvements, ascertained as provided by this chapter, equal but do not exceed the plaintiff's damages, as found by the jury, the plaintiff shall be entitled to judgment only for the recovery of the property sued for and costs. § 16-1120. Election of plaintiff if value of improvements exceeds damages If the value of the improvements referred to in this chapter is fotmd by the jury to exceed the damages of the plaintiff, the plaintiff may elect either to pay to the defendant the amount of the excess or to demand of the defendant the value of the plaintiff's property, without the improvements, as fixed by the jury, and tender to the defendant a deed for the property, with all the plaintiff's right, title, and interest therein.

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