Assessment of value of improvement; charge against land.

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If the verdict or decree shall be for the plaintiff in such action the jury or judge who may render it may at the same time render a verdict or decree for the defendant for so much money as the lands and tenements are so made better, after deducting the amount of damages, if any, recovered by the plaintiff in such action, and the lands and tenements as recovered shall be held to respond to such judgment for the defendant. But execution on such judgment shall issue only against such lands and tenements so recovered by the plaintiff in such action and shall not in any such case issue against the goods and chattels or other lands of the plaintiff.

HISTORY: 1962 Code Section 57-408; 1952 Code Section 57-408; 1942 Code Section 8837; 1932 Code Section 8837; Civ. C. '22 Section 5302; Civ. C. '12 Section 3532; Civ. C. '02 Section 2446; R. S. 1958; 1885 (19) 343.


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