1348 FIFTY-SIXTH CONGRESS. Sess. ll. C1-1. 85-L. 1901. unconditional decree for the release or reconveyance of the property to him, nor shall the mortgagee or trustee in such case be entitled to maintain an action of ejectment against the partv so entitled. t,5;g°§€‘${g§§£_ gg; Sec. 990. Where real property has been sold undera written concme or cllmveyanee, tract executed by the vendor, and there has been such a performance °t°‘ of its terms by the vendee as would entitle him to a decree in equity for a conveyance of the legal title, without condition, such vendor shall not be entitled at law, any more than in equity, to recover said property from the vendee. M°“¥”g‘”- Sec. 991. l\lORTGAGOR.—\VhO1`€V€l', by the tern1s of a mortgage or deed of trust, the debtor is entitled to retain possession of the property conveyed until default in the payment of the debts secured, said mortgage or deed of trust shall be no bar to the recovery of possession of the property in ejectment, before such default, by the mortgagor or grantor, against either the mortgagee or trustee or a stranger. agi§;;{j{€,g;g§gy;§*$ Sec. 992. SEVERAL JUDGMENTS AGAINST DEEENDANTs.—If it appears on the trial that some of the defendants occupy distinct parcels of the property claimed, in severalty, the plaintiff, if entitled to recover, may have several judgments against the respective parties, according to the proof of occupancy. th§g<ggj$;{me<g{ lm SEc. 993. RECOVERY or LEss THAN is CLAIMED.··ThB plaintiff, under `a claim to certain described premises, may recover less than the whole property claimed, and, under a claim to an entire property, may recover an undivided part thereof. wgggg iyéggtg 0;***1 Sec. 994. Jo1NT TENANTs AND TENANTS IN GoMMoN.——Joint tenants ' must sue jointly in ejectment, but tenants in common may sue either jointly or separately, and any numbers of tenants in common, less than the whole number entitled, may sue jointly in reference to their undivided interests. d Meffngs prefits wd Sec. 995. LIESNE PROFITS AND DAMAGES.—Th€ plaintiff may embody an gin his declaration, in a separate count, a claim for the mesne profits received by the defendant from the property sued for or for the clear value of the use and occupation thereof to the defendant during his occupation thereof, and during the plaintiffs ownership thereof, within a period commencing three years before the commencement of the suit and extending to the time of the verdict, and also damages for waste or injury to the premises during said period; and if the jury find for the plaintiff they may, at the same time, find and assess the said mesne profits, or the value of said use and occupation and the amount of said damages and, besides a judgment for the recovery of the property, there shall be rendered a judgment against the defendant for the amount so found by the jury, except in the case provided for in section ten hundred and three hereafter.
- m1;¤¤d1<>rd we tw- Sec. 996. LANDLoRD AND TENANT.—If the action be by a landlord
-aém>¤ by iauumd; against his tenant, the plaintiff may embody in his declaration, in §§,**§§,‘§,‘§,§j,§.§,t‘§§,'§,lf°d` separate counts, a claim for furniture if leased with the realty, for arrears of rent due at the termination of the tenancy, a claim for double rent in cases authorized by this code from the termination of the tenancy to the verdict for possession, and a claim for damages for waste or injury to the premises or furniture during the defendant’s occupancy of the same and before the commencement of the suit; and if the jury find for the plaintiff, they may at the same time find the amounts due for arrears of rent and for double rent and for damages as aforesaid, and judgment shall be rendered accordingly. Begggggjg foigggmsgg Sec. 997. PLAINTTEE MAY SUE SEPARATELY Eoa RENT on DAMAGES.— damages. The plaintiff in ejectment shall not be bound to join his claim for rent or damages with his claim for the recovery of the land, and his omission to do so shall not prevent him from suing for the same separately.
