it is desired to preserve the lien, upon property situated in two or more counties, a similar affidavit and notice must be filed with, and a similar entry made by the clerk of each county. 2 R. S. 375, § 74, am'd. 393 TITLE III. Execution against the person. Sec. 1487. In what cases execution may be issued against the person. 1488. Id.; against a woman. 1489. When execution against property must be first issued. 1490. Simultaneous executions not allowed against property and person. 1491. Id.; when debtor has been taken. 1492. New execution may issue after escape. 1493. Id.; when debtor dies charged in execution. 1494. Id.; when creditor discharges debtor after thirty days. 1495. New execution not to be enforced against real property sold, etc. § 1487. In what cases execution may be issued against the person. Where a judgment can be enforced by execution, as prescribed in section 1240 of this act, an execution, against the person of the judgment debtor, may be issued thereupon, subject to the exception specified in the next section, in either of the following cases: 1. Where the plaintiff's right to arrest the defendant depends upon the nature of the action. 2. [Am'd, 1879.] In any other case, where an order of arrest has been granted and executed in the action, and if it was executed against the judgment debtor where it has not been vacated. Co. Proc., first two sentences of § 288. § 1488. [Am'd, 1879.] Id.; against a woman. But an execution cannot be issued against the person of a woman, unless an order of arrest has been granted and executed in the action, and, if it was executed against the judgment debtor, has not been vacated. 1 T. & C., Addenda, 10. § 1489. When execution against property must be first issued. Unless the judgment debtor is actually confined, without having been admitted to the liberties of the jail, by virtue of an execution against his person, issued in another action, or of an order of arrest or a surrender by his bail, in the same action, an execution against his person cannot be issued, until an execution against his property has been returned, wholly or partly unsatisfied. If he is a resident of the State, the execution against his property must have been issued to the county where he resides. Co. Proc., part of § 288, am'd. § 1490. Simultaneous executions not allowed against property and person. An execution against the person of the judgment debtor cannot be issued, without leave of the court, while an execution against his property, issued in the same action, remains unreturned; and an execution against his property cannot be issued, without leave of the court, while an execution against his person, issued in the same action, remains unreturned. 2 R. S. 364, § 6 (2 Edm. 377). § 1491. Id.; when debtor has been taken. Where a judgment debtor has been taken, and remains în custody, by virtue of an execution against his person, another execution cannot be issued, in the same action, against his person or his property, except in a case specially prescribed by law. Id., § 7. § 1492. New execution may issue after escape. If a judgment debtor escapes, after having been taken, by virtue of an execution against his person, he may be retaken, by virtue of a new execution against his person; or an execution against his property may be issued, as if the execution, by virtue of which he was taken, had been returned, without his having been taken. id., § 8. § 1493. Id.; when debtor dies charged in execution. Where a judgment debtor, who has been taken by virtue of an execution against his person, dies while in custody, a new execution against his property may be issued, as if the execu tion, by virtue of which he was taken, had been returned without his having been taken. 2 R. S. 368, § 28 (2 Edm. 381). Sections 29 and 30 are in § 1495, post. See §§ 1380, 1381, ante. § 1494. Id.; when creditor charges debtor after thirty days. At any time after a judgment debtor has remained in custody, by virtue of an execution against his person, for the space of thirty days, the judgment creditor may serve upon the sheriff a written notice, requiring him to discharge the judgment debtor from custody, by virtue of the execution. Whereupon the sheriff must discharge the judgment debtor, and return the execution accordingly. After service of such a notice, another execution, against the person of the judgment debtor, cannot be issued upon the judgment; but after his discharge, the judg ment creditor may otherwise enforce the judgment, as if the execution, from which he was discharged, had been returned, without his having been taken. L. 1857, ch. 427, § 1, amending 2 R. S. 34, § 17 (2 Edm. 34). 1495. New execution not to be enforced against real property sold, etc. A new execution against property, issued in a case specified in the last two sections, cannot be enforced against an interest in real property, including a chattel real, which was purchased in good faith, from the judgment debtor, after the recovery of the judgment upon which it is issued; or which was sold by virtue of an execution, issued upon a previous or subsequent judgment. 395 CHAPTER XIV. Special Provisions Regulating Actions relating to Property. TITLE I-Actions Relating to Real Property. TITLE II.-Actions Relating to Chattels. TITLE I. Actions relating to real property. Article 1. Action to recover real property. 2. Action for partition. 3. Action for dower. 4. Action to foreclose a mortgage. 5. Action to compel the determination of a claim to real property. 6. Action for waste. 7. Action for a nuisance. 8. Other actions relating to real property. 9. Provisions applicable to two or more of the actions specified in this title. 10. Evidence in actions or proceedings involving a title to real property. ARTICLE FIRST. Action to recover real property. Sec. 1496. Plaintiff may recover damages with the land. 1497. Rents and profits to be included in damages. 1498. Mortgagee cannot maintain action, 1499. Action cannot be maintained for dower. 1500. Separate action by joint tenant or tenant in common. 1502. Against whom action to be brought. 1503. Who may be joined as defendants. 1504. When action may be brought for non-payment of rent. 1511. Property claimed in action; how described in complaint. 1514. Evidence of authority. 1515. When ouster to be proved. 1516. Rule when there are distinct occupants. 1517. The last section qualified. 1518. When plaintiff may recover against one defendant, subject to rights of others. 1519. Verdiet. etc., to state nature of plaintiff's estate. 1520. Expiration of plaintiff's title before trial. 1521. Abatement of action. 1522. Action to be divided, when different persons succeed to different parcels. 1523. Id.; when different persous succeed to real property and to rents and profits. 1524. Effect of judgment rendered after trial of issue of fact. 1525. New trial may be granted. 1526. Effect of judgment by default. etc. 1527. Id.; exception in cases of disability. 1528. The last three sections qualified. 1529. Possession not to be changed by vacating of judgment, except, etc. 1530. Evidence on new trial. 1531. Damages recoverable; set-off by defendant. § 1496. Plaintiff may recover damages with the land. In an action to recover real property, or the possession thereof, the plaintiff may demand in his complaint, and in a proper case reover, damages for withholding the property. New in form. See Co. Civ. Proc., § 484, subd. 5; Co. Proc., § 167, subd. 5. See 484, subd. 5. § 1497. Rents and profits to be included in damages. Those damages include the rents and profits or the value of the use and occupation of the property, where either can legally be recovered by the plaintiff. Annulling the law as settled in 57 N. Y. 151; 2 R. S. 310, §§ 43, 44 and 45 (2 Edm. 219). See § 1531, post. § 1498. Mortgagee cannot maintain action. A mortgagee, or his assignee or other representative, cannot maintain such an action, to recover the mortgaged premises. 2 R. S. 312, § 57 (2 Edm. 321). § 1499. [Am'd, 1898.] Action cannot be maintained for dower. Such an action can not be maintained in a case where an ac tion for dower may be maintained, as prescribed in article third of this title; or 2. Where in any city the real property consist of a strip of land not exceeding six inches in width upon which there stands the exterior wall of a building erected partly upon said strip and partly upon the adjoining lot, and a building has been erected upon land of the plaintiff abutting on the said wall, unless said action be commenced within one year after the completion of the erection of such wall or within one year after the first day of September, eighteen hundred and ninety-eight. But an action may be maintained, if commenced within the further period of one year, for the recovery of damages by reason of the erection of such wall, and upon the satisfaction of the judgment for such damages the title of the plaintiff to such strip of land shall thereby be transferred to and vest in the defendant. If neither an action of ejectment nor an action for the recovery of damages be brought within the period hereby limited therefor, the person in possession of such lands shall be deemed to have an easement in said strip of land so long as the said wall partly erected thereon shall stand, and no longer, and in case of the destruction of such wall the owner of such strip shall have the same right to take or recover the possession thereof as if such wall had never existed. See $1604, post; L. 1898, ch. 517. In effect Sept. 1, 1898. § 1500. Separate aetion by joint tenant or tenant in common. Where two or more persons are entitled to the possession of real property, as joint tenants or tenants in common, one or more of them may maintain such an action, to recover his or their undivided shares in the property, in any case where such an action might be maintained by all. 1501. [Am'd, 1882.] Grantee of lands held adversely may maintain action. Such an action may be maintained by a grantee, his heir or devisee, in the name of the grantor, or his heir, where the convey |