Page:United States Statutes at Large Volume 31.djvu/1399

FIFTY-SIXTH CONGRESS. Sess. II. Ch. 854. 1901. 1347 upon due proof of the validity thereof it shall be decreed to be valid, and such decree shall be conclusive upon all parties concerned. Sec. 982. Cotmr TO Assion A*r1‘oRNnY IN Uxooxcrnsrnn oAsns.—In m$§,€§¤‘$,,fjf§§,§;‘S,@§ all uncontested divorce cases, and in any other divorce case where the cmscourt may deem it necessary or proper, a disinterested attorney shall be assigned by the court to enter is appearance for the defendant and actively defend the cause, and such attorney shall receive such compensation for his services as the court may determine to be rope1·, such compensation to be paid by the parties as the court may direct. Sec. 983. CORRESPONDENTS.—IIl all divorce cases where adultery is C°"’Sp°“d€““· charged the person or persons with whom the adultery is charged to have been committed shall be made defendant or defendants and brought in by personal service of process or by publication as in other cases. CHAPTER Twniyrr-Tnnnn. EJ ECTMEN T. Ej°°‘m*’“‘· Sec. 984. PARTIES.---EVBYY action of ejectment shall be brought "“’“‘”· in the name of the real claimant and may be brought against the person actually occupying the premises claimed, either in person or by tenant, or, if they be not actually occupied, against some person exe1·— cising ac_ts of ownership thereon adversely to the plaintiff. If a lessee be made a defendant at the suit of a party claiming against the title of his landlord such landlord may appear and be made a party defendant in the place of his lessee. And any (person claiming to be in possession may, on motion, be admitted to efend the action. Sec. 985. Form on DECLARATION.-Tl]B plaintiff in his declaration F°’m°fd€“l*“”tl°“· must describe the premises claimed with reasonable certainty, and set forth distinctly the nature and quantity of the estate claimed by him in the same, and it shall be sufficient for him to state in addition thereto that the plaintiff was possessed of the premises, and while he was so possessed the defendant entered wrongfully into possession of the same and withholds the possession thereof from the plaintiff, or wrongfully detains such possession, or that the defendant is wrongfully exercising acts of ownership thereon. · Such acts of ownership, however, unaccompanied with possession shall not, except as hereinafter provided, be held to amount to an adversary possession, so as to make it necessary for the plaintiH to sue in order to avoid the bar of the statute of limitations. Sec. 986. COUNTs.—-The declaration may contain several counts and C¤¤¤$¤~ several parties may be named as plaintiffs, jointly in one count and separately in others. Sec. 987. Pnnnnixe.-—The defendant may demur or may plead the Pleadina general issue of "not guilty," which shall put in issue the plaintiff ’s ` title and right to the possession and under which all matters of defense may be given in evidence. Sec. 988. Ev1DnNon.—It shall be sufficient to entitle the plaintiff to EVid€¤¤€· a verdict to show that he is entitled, as against the defendant, to the immediate possession of the premises claimed and that the defendant is in possession thereof, holding adversely to the plaintiff, or is exercising acts of ownership over the same adversely to the plaintiff; except that in an action by one or more joint tenants or tenants in common against their cotenants, the plaintiHs shall be required to prove anactual ouster or some other act amounting to a denial of the plaintiff ’s title and his exclusion from the enjoyment of the property. Sec. 989. Onrsmnnrno LEGAL TI'I'LE.—·IlZ shall be no bar to the _,_t<?¤¤sw¤di¤s legal plaintiff ’s recovery that the legal title to the property claimed is out- I e` standing in another as mortgagee or trustee. if the mortgage or deed of trust has been satisfied and the plaintiff would be entitled to any