55-242 - How owner, etc., relieved in equity.
§ 55-242. How owner, etc., relieved in equity.
If the owner of such lands, or any person having right or claim thereto,shall, within the time aforesaid, file his bill for relief in any court ofequity, he shall not have or continue any injunction against the proceedingsat law on the ejectment, unless he shall, within thirty days next after afull and perfect answer filed by the plaintiff in ejectment, bring intocourt, or deposit in some bank within the Commonwealth to the credit of thecause, such money as the plaintiff in ejectment shall, in his answers, swearto be due and in arrear, over and above all just allowances and also thecosts taxed in the suit, there to remain till the hearing of the cause, or tobe paid out to the plaintiff on good security, subject to the decree of thecourt. And in case the bill shall be filed within the time aforesaid, andafter execution executed, the plaintiff shall be accountable for no more thanhe shall, really and bona fide, without fraud, deceit, or willful neglect,make of the premises from the time of his entering into the actual possessionthereof, and if it should be less than the rent payable, then the possessionshall not be restored until the plaintiff be paid the sum which the money somade shall fall short of the rent for the time he so held the lands.
(Code 1919, § 5533.)