66.061 Correction, trial and verdict. 66.071 Improvement, judgment for applicant. 66.081 Improvement, judgment for defendant. 66.091 Improvement, payment by applicant. 66.101 Correction, payment by respondent. 66.011 Abolition of the common law exclusion.—At deportation, it is not necessary to have fictitious parts. The plaintiff may bring an action directly against the party in possession or making a claim. History. — p. 1, c.
999, 1859; SR 1511; GS 1966; RGS 3234; CGL 5040; p. 21, c. 67,254. Note: Former pp. 70.01. 66.021 Procedure.— (1) OWNER, NO DEFENDANT. — If it appears before trial that a defendant is in the possession of a tenant and that his landlord is not a party, the landlord is designated as a party before the proceedings continue, unless the court decides otherwise. (2) The defence may be limited. — The defendant in an exclusion action may limit his defence to a portion of the property mentioned in the claim and describe that part with sufficient certainty. (3) THE ORDER OF POSSESSION; If the plaintiff obtains recovery by way of exclusion, he may have a declaration of possession, damages and costs or, if the plaintiff wishes, have separate mandates for possession and damages. (4) OWNERSHIP CHAIN.
— The plaintiff in his action and the defendant in his reply must make a statement indicating chronologically the chain of ownership on which he will rely at trial. Where part of the chain of ownership is registered, the declaration shall include the names of the grantors and beneficiaries and the book and page of the registration; If an unregistered instrument is used, a copy must be attached. The court may require that the original be submitted to the opposing party for inspection. If the party invokes a claim or right without color of title, the statement indicates how and when the claim arose and on what facts the claim is based. If the defendant and plaintiff claim a common source, the statement need not derive title before the common source. (5) SUFFICIENCY EXAMINATION. — If a party wishes to examine the legal sufficiency of a judicial act or proceeding in the opposing party`s legal chain, it must do so before the main hearing by means of an application setting out its objections with a copy of the document or of the attached judicial proceedings. The application must be decided before the main hearing.
If a party finds that, as a result of the order, it will not be able to maintain its claim, it may indicate this in the minutes and the final judgment is registered in the name of the opposing party. History.—p. 21, chap. 67-254; p. 348, c. 95-147. 66.031 Judgment and judgment.— (1) JUDGMENT.— A judgment for the plaintiff must indicate the amount of the applicant`s estate and describe the country by mestizo and milestones, lot number or other specific description. (2) JUDGMENT. — The decision to take possession must indicate the amount of the estate and describe the land reclaimed in the same way. History.—ss. 1, 2, c. 3244, 1881; SR 1515; GS 1970; RGS 3238; CGL 5046; p.
21, c. 67,254. Note.—Old p. 70.05.