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This entry was published on 2014-09-22
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SECTION 1519
Proceedings
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 15
§ 1519. Proceedings. 1. In an action maintained under this article,
the proceedings shall be governed by the provisions regulating civil
actions, except as otherwise provided in this article.

2. When service of the summons on any defendant is made by
publication, the order for such service shall direct that any papers
required by such order to be mailed to such defendant shall be sent by
registered mail, and when such mailing is required shall also direct
that an affidavit, by or on behalf of the plaintiff, be filed stating
that such papers were mailed as required by such order.

3. Whenever a claim of right to immediate possession is in issue, the
person in possession shall be presumed to have the right to such
possession, but such presumption may be rebutted.

4. Where any party claims the real property in question, or any part
thereof, by virtue of an estate in reversion or in remainder, whether
vested or contingent, and the verdict, report, or decision finds that he
has such an estate, it must specify the time when, or the contingency
upon which, he will be entitled to possession.

5. Where the complaint demands, as provided in subdivision 3 of
section 1515 of this article, that the defendant's dower be admeasured,
and the defendant does not, by her answer, set forth facts showing that
she is entitled to a greater right of dower, or another estate or
interest in the property, than that admitted by the plaintiff, and
demand judgment therefor, as if she were the plaintiff in an action for
dower, the court must render an interlocutory judgment, directing her
dower to be admeasured, with or without damages for its detention, as in
an action for dower. The subsequent proceedings shall be the same, as if
the defendant had, as plaintiff, recovered an interlocutory judgment in
an action for dower.