Treasurer, or other person or body corporate authorized by any statute to make sale of land for non-payment of taxes, such defendant shall be allowed a compensation for the value of any buildings and improvements on the premises made by him, or any person through whom he claims title.

of improvements

mises.

(4604.) SEC. 51. In all cases of such possession of the prem- Estimating value ises by the defendant, he may file a claim, in writing, to com- and value of prepensation for buildings and improvements on the premises, and a request for an estimation by the jury of the increased value of the premises by reason thereof; and the plaintiff may file a request in writing that the jury would also estimate what would have been the value of the premises, at the time of trial, if no buildings had been erected, or improvements made, or waste committed, both which estimates it shall be their duty to make, and in their verdict state to the Court. (4605.) Sec. 52. If, after the rendition of the verdict, the Plaintiff may plaintiff shall at the same or next subsequent term of the ses and take judg Court, make his election on record, to abandon the premises to the defendant at the value estimated by the jury, then judg ment shall be rendered against the defendant for the sum so estimated by the jury, with costs of suit, which judgment shall be a lien upon the premises in question, and execution may issue on such judgment, and be levied upon such premises, and the same may be sold by virtue thereof, in the same manner, and with the like effect, as any other real estate of the defendant.

abandon premi

ment for value;

such judgment to

be a lien.

value of improve

year; effect of

(4606.) SEc. 53. If the plaintiff shall not elect to abandon Plaintiff may pay the premises to the defendant, he shall, within one year after ments within one the rendition of the judgment for recovery of the premises, neglect. pay to the Clerk of the Court for the use of the defendant, such sum as shall have been assessed for the buildings and improvements, with interest thereon; and no writ of possession shall issue on the judgment rendered on the verdict, nor any new action be sustained for the land until such sum is paid, and a default to pay to said clerk as aforesaid, shall be deemed an abandonment of all claim of title to the premises, and be a bar to the recovery thereof.

ery for rents, etc.

(4607.) SEC. 54. The plaintiff shall not be entitled to Extent of recov recover the rents and profits of the land so recovered, for any longer term than six years immediately preceding the time when such suggestion shall be served on the defendant.

(4608.) Sec. 55. If no issue of fact be joined on such Assessing damasuggestion, and judgment be rendered thereon against the to.

ges on default,

Proceedings on
assessing dama-

ges.

Judgment

Proceedings to

recover mesne

of plaintiff.

defendant by default, on demurrer, or otherwise, the value of such mesne profits shall be assessed, and the plaintiff's damages ascertained in the same manner as in other cases.

(4609.) SEC. 56. Upon such assessment, the plaintiff shall be required to establish the same matters hereinbefore required, in the case of an issue being joined, and the defendant may in like manner controvert the same, and make any set-off to which he shall be entitled, and the jury shall assess the damages in the same manner.

(4610.) SEC. 57. Upon the return of an inquisition of damages, or upon the verdict of the jury in case of an issue being joined, the Court shall render judgment as in actions of assumpsit, for use and occupation, which shall have the like effect in all respects.

(4611.) SEC. 58. If the plaintiff in ejectment shall have died profits on death after issue joined, or judgment therein, his personal representatives may enter a suggestion of such death, and of the granting of letters testamentary or of administration to them, and may suggest their claim to the mesne profits of the premises recovered, in the same manner and with the like effect as the deceased might have done if still living; and the same proceedings in all respects shall be had thereon.

Proceedings on

recovery of dow

admeasured.

(4612.) SEC. 59. If an action be brought to recover the er not previously dower of any widow, which shall not have been admeasured to her before the commencement of such action, instead of a writ of possession being issued, such plaintiff shall proceed to have her dower assigned to her in the manner following:

1. Upon the filing of the record of judgment, the Court, on the motion of the plaintiff, shall appoint three discreet and disinterested freeholders Commissioners, for the purpose of making admeasurement of the dower of the plaintiff, out of the lands described in the record; and the Commissioners so appointed shall proceed in like manner, possess the like powers, and be subject to the like obligations as Commissioners appointed by the Judge of Probate to set off dower;

2. The Commissioners shall make a report of their doings to the Court, in writing, as soon as may be after their appointment, which report shall be confirmed by such Court, unless good cause to the contrary be shown, and shall be entered at large in the minutes of such Court;

3. Upon the confirmation of the report of the Commissioners, a writ of possession shall be issued to the Sheriff of the proper county, describing the premises assigned for the

1

dower, and commanding the Sheriff to put the plaintiff in possession thereof.

urement

of

(4613.) SEC. 60. The costs and expenses incurred in such Costs of admensadmeasurement, shall be subject to the same provisions as in dower. cases of admeasurement of dower by Commissioners appointed by the Judge of Probate. (a)

Mortgagee, etc.

11 Wend., 538.

(4614.) SEC. 61. No action of ejectment shall hereafter be Ejectment by maintained by a mortgagee, or his assigns or representatives, 1843, p. 139. for the recovery of the mortgaged premises, until the title 1 Mich. Rep., 68. 13 Wendell, 485. thereto shall have become absolute upon a foreclosure of the mortgage.

An Act giving the Circuit Courts Jurisdiction in Actions of Ejectment.

[Approved April 2, 1849. Laws of 1849, p. 330.]

of No Jury required

in actions of

demanded by the

by the Court.

(4615.) SECTION 1. Be it enacted by the Senate and House Representatives of the State of Michigan, That actions of ejectment, unless ejectment may be brought in the Circuit Court for the county parties or ordered wherein the lands sought to be recovered are situated, and proceeded in agreeable in all things to the provisions of Chapter one hundred and eight of the Revised Statutes of eighteen hundred and forty-six, except that no jury shall be required to try the same unless demanded by one or other of the parties to the suit prior to the day of trial, or unless ordered by the Court, and in case no jury be empanneled for the trial, such cause shall be tried by the Court in the manner intended by section four of chapter one hundred and three of said Revised Statutes, "When the parties agree in writing to dispense with a jury.”

(4) For a new enactment respecting Actions for the Recovery of Dower, see Chapter 89 55

CHAPTER CXXXV.

OF THE PARTITION OF LANDS OWNED BY SEVERAL PERSONS.

partition.

tuted.

(4616.) SECTION 1. All persons holding lands as joint tenants who may have or tenants in common, may have partition thereof, in the manner provided in this chapter. (4617.) SEC. 2. Any one or more of the persons so holding suits how instilands, may institute a suit in the Circuit Court for the county in which the lands lie, by a bill in equity for a division and partition thereof according to the respective rights of the parties interested therein, and for a sale of such premises, if it shall appear that a partition thereof cannot be made without great prejudice to the owners.

may be main

(4618.) SEC. 3. Such suit may be maintained by any By whom suit person who has an estate in possession in the lands of which tained. partition is sought, but not by one who has only an estate therein in remainder or reversion.

and what to set

(4619.) SEC. 4. The bill for a partition or sale of any such Bill to be verified, lands, shall be verified by oath, and shall particularly describe forth." the premises sought to be divided, and shall set forth the rights and titles of all persons interested therein, so far as the same are known to the complainant, including the interest of any tenant for years, for life, by the curtesy or in dower, and the persons entitled to the reversion, remainder or inheritance after the termination of any particular estate therein, and every person who, by any contingency contained in any devise, grant or otherwise, may be, or become entitled to any beneficial interest in the premises.

(1) Prior Statutes on the same subject will be found in Code of 1820, p. 249; Rev. of 1827, p 262; 2. of 1833, p. 269; R. S. of 1838, p. 481; Laws of 1839, p. 220, 229, 230; 1841, p. 173; 1842, 112; 1844, p. 115. For an Enactment that all proceedings for the Partition of Real Estate pending When this Chapter took effect, might proceed under the laws existing when they were commenced, see Laws of 1848, p. 7.