11-19-87 - When a crop is growing on the land.
§ 11-19-87. When a crop is growing on the land.
If the jury find for the plaintiff in an action of ejectment, and the defendant have a crop then planted and growing upon the premises in question, it shall assess a reasonable rent for the plaintiff to receive for the use of the premises, for such time as it may think necessary for the defendant to make and gather his crop. If the defendant enter into bond with security, to be approved by the court, or by the clerk in vacation, in a penalty of double the amount of rent so assessed, payable to the plaintiff, conditioned for the payment of the rent assessed at the expiration of the term fixed by the jury for the defendant to hold possession of the premises, then a writ of possession shall not issue upon the judgment in the action, until the expiration of the time so allowed by the jury. The bond shall be filed in the office of the clerk of the court, and, if forfeited, shall have the force and effect of a judgment, and execution may issue thereon against the principal and sureties as upon other judgments in the court.
Sources: Codes, Hutchinson's 1848, ch. 61, art. 1 (88), 1857, ch. 55, art. 19; 1871, § 1556; 1880, § 2507; 1892, § 1669; Laws, 1906, § 1844; Hemingway's 1917, § 1477; Laws, 1930, § 1470; Laws, 1942, § 821.