Sec. 302. If a person recover damages for a forcible or unlawful entry in, or upon, or detention of any building, or any cultivated real property, judgment may be entered for three times the amount at which the actual damages are assessed. CHAPTER III. ACTIONS CONCERNING REAL ESTATE. Sec. 303. Parties to an action to quiet title. Sec. 305. If plaintiff's title terminates pending the suit, what he Sec. 307. Order for survey or measurement. Sec. 308. Order-what to contain and how served; if unnecessary injury done to the party surveying, to be liable therefor. Sec. 309. A mortgage shall not be deemed a conveyance, what ever its terms. Sec. 310. When court may grant an injunction; during foreclosure after sale on execution, before conveyance. Sec. 311. Damages may be recovered for injury to the possession after sale and before delivery of possession. Sec. 312. Action not to be prejudiced by alienation pending suit. Section 303. An action may be brought by any person in possession, by himself or his tenant, of real property, against any person who claims an estate or interest therein adverse to him, for the purpose of determining such adverse claim, estate, or in terest. Sec. 304. If the defendant in such action disclaim in his answer any interest or estate in the property, or suffer judgment to be taken against him without answer, the plaintiff shall not recover costs. Sec. 305. If an action for the recovery of real property where the plaintiff shows the right to recover at the time the action was commenced, but it appears that his right has terminated during the pendency of the action, the verdict and judgment shall be according to the fact, and the plaintiff may recover damages for withholding the property. Sec. 306. When damages are claimed for withholding the property recovered, upon which permanent improvements have been made by a defendant, or those under whom he claims, holding under cover of title adversely to the claims of the plaintiff, in good faith, the value of such improvements shall be allowed as a set-off against such damages. Sec. 307. The court in which action is pending for the recovery of real property, or a judge thereof, may, on motion, upon notice by either party, for good cause shown, grant an order allowing to such party the right to enter upon the property and make a survey and measurement thereof, for the purpose of action. Sec. 308. The order shall describe the property, and a copy thereof shall be served on the owner or occupant; and thereupon such party may enter upon the property, with necessary surveyors and assistants, and may make such survey and measurement; but if any unnecessary injury be done to the property he shall be liable therefor. Sec. 309. A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover possession of the real property without foreclosure and sale. Sec. 310. The court may, by injunction, on good cause shown, restrain the party in possession from doing any act to the injury of real property during the foreclosure of a mortgage thereon, or after a sale on execution before a conveyance. Sec. 311. When real property shall have been sold on execution, the purchaser thereof, or any person who may have succeeded to his interest, may, after his estate becomes absolute, recover damages for injury to the property by the tenant in possession, after a sale and before possession is delivered under the conveyance. Sec. 312. An action for the recovery of real property against a person in possession cannot be prejudiced by any alienation made by such person, either before or after the commencement of the action. CHAPTER IV. ACTIONS FOR THE PARTITION OF REAL PROPERTY. Sec. 313. Who may bring actions for partitions. Sec. 314. Interests of all parties shall be set forth in the complaint. Sec. 315. Lien-holders not of record need not be made parties. Sec. 316. Plaintiff shall file notice of his lispendens. Sec. 317. Summons shall be directed to all persons interested in the property. Sec. 318. Unknown parties may be served by publication. Sec. 320. The rights of all parties may be ascertained in the action. Sec. 321. In certain cases may be lawful for court to make partition between original co-tenants. Sec. 322. Lien-holders shall be made parties or a referee be appointed to ascertain their rights. Sec. 323. Lien-holders shall be notified to appear before the referee appointed. Sec. 324. The court may order a sale or partition, and appoint referees therefor. Sec. 325. Partition shall be made according to the right of the parties as ascertained by the court. Sec. 326. Referees shall make a report of their proceedings. Sec. 327. The court may set aside, affirm, report, and enter judgment thereon; upon whom judgment to be con clusive. Sec. 328. Judgment shall not affect tenants for years to whole property. Sec. 329. Expenses for partition shall be apportioned among the parties. Sec. 330. A lien on an undivided interest of any, shall be a charge only on the share assigned to such party. Sec. 331. Estate for life or years may be set off in a part of the property not sold, when not all sold. Sec. 332. Application of proceeds of sale of encumbered property. Sec. 333. Party holding other securities may be required first to exhaust them. Sec. 334. Sec. 335. Sec. 336. Sec. 337. Sec. 339. Proceeds of sale, disposition of. When paid into court, the cause may be continued for Sales by referees shall be made at public auction. The court may fix such compensation. The court shall protect tenants unknown. The court shall ascertain and secure the value of future contingent or vested rights. Sec. 342. Sec. 343. Terms of sale shall be made known at the time. Lots shall be sold separately. Sec. 344. Who may not be purchasers. Sec. 345. Referees shall make a report of the sale to the court. Sec. 346. If confirmed, conveyances may be executed. Sec. 347. Proceeding if a lien-holder become a purchaser. Sec. 348. Conveyances shall be recorded and will be a bar against parties. Sec. 349. Proceeds of sale belonging to parties unknown shall be invested for their benefit. Sec. 350. Investments shall be made in the name of the clerk of the county. Sec. 351. When the interest of the parties is ascertained, securities shall be taken in their names. Sec. 352. Sec. 353. Sec. 354. Sec. 355. Duties of the clerk making investments. When unequal partition is ordered, compensation may be adjudged in certain cases. The share of an infant may be made to his guardian. The guardian of an insane person may receive the proceeds of such party's interest. Sec. 356. A guardian may consent to partition without action, and execute releases. Sec. 357. Costs of partition a lien upon the shares of the par ceners. Sec. 358. The court, by consent, may appoint a single referee. Section 313. When several co-tenants hold and are in possession of real property as parceners, joint tenants, or tenants in common, in which one or more of them have an estate of inheritance, or for life or lives, or for years, an action may be brought by one or more of such persons for a partition thereof, according to the respective rights of the persons interested therein, and for a sale of such property or a part thereof, if it appear that a partition cannot be made without great prejudice to the owners. Sec. 314. The interest of all such persons in the property, whether such persons be known or unknown, shall be set forth in the complaint specifically and particularly, as far as known to the plaintiff, and if one or more of the parties, or the share, or quantity of interest of any of the parties be unknown to the plaintiff, or be uncertain or contingent, or the ownership of the inheritance depend upon executory devise, or the remainder be a contingent remainder, so that such parties cannot be named, that fact shall be set forth in the complaint. Sec. 315. No person having a conveyance of, or claiming a lien on the property, or some part of it, need be made a party to the action, unless such conveyance or lien appear of record. Sec. 316. Immediately after filing the complaint in the district court, the plaintiff shall file with the recorder of the county, or of the several counties, in which the property is situated, either a copy of such complaint or a notice of the pendency of the action, containing the names of the parties so far as known, the object of the action, and a description of the property to be affected thereby. From the time of the filing it shall be deemed notice to all persons. Sec. 317. The summons shall be directed to all the joint tenants and tenants in common, and all persons having an interest in, or any liens of record by mortgage, judgment, or otherwise, upon the property, or upon any particular portion thereof; and, generally, to all persons unknown who have or claim any interest in the property. Sec. 318. If a party having a share or interest is unknown, or any one of the known parties reside out of the territory, or cannot be found therein, and such fact is made to appear by affidavit, the summons may be served on such absent or unknown party by publication, as in other cases. When publication is made, the summons, as published, shall be accompanied by a brief description of the property which is the subject of the action. Sec. 319. The defendants who have been personally served with the summons and a copy of the complaint, or who shall have appeared without such service, shall set forth in their answers, fully and particularly, the origin, nature, and extent of their respective interests in the property; and if such defendants claim a lien on the property by mortgage, judgment, or otherwise, they shall correctly state the original amount and date of the same, and the true sum remaining due thereon; also, whether the same has been secured in any other way or not, and if secured, the nature and extent of such security, or they shall be deemed to have waived their right to such lien. Sec. 320. The rights of the several parties, plaintiffs as well as defendants, may be put in issue, tried, and determined by such action; and when a sale of the premises is necessary the title shall be ascertained by proof to the satisfaction of the court, before the judgment of sale shall be made, and where service of the complaint has been made by publication, like proof shall be required of the right of absent or unknown parties before such judgment is rendered, except that where there are several unknown persons having an interest in the property their rights may be considered together in the action and not as between themselves. Sec. 321. Whenever, from any cause, it shall become, in the opinion of the court, impracticable or highly inconvenient to make a complete partition; in the first instance, among all the parties in interest, it shall be lawful for the court to first ascertain and determine the shares or interest respectively held by the original co-tenants, and thereupon to adjudge and cause a partition to be made, as if such original co-tenants were the parties and sole parties in interest, and the only parties to the action, and therefore proceed in like manner to adjudge and make partition separately of each share or partition so ascertained and allotted, as between those claiming under the original tenant to whom the same shall have been so set apart, or allow them to remain tenants in common thereof, as they may desire. Sec. 322. If it shall appear to the court by the certificate of the county recorder, or county clerk, or by the sworn or verified. statement of any person who may have examined or searched the records, that there are outstanding liens or incumbrances of record |