§ 18-60-206 — Proof required to recover

(a) To entitle the plaintiff to recover, it shall be sufficient for him or her to show that, at the time of the commencement of the action, the defendant was in possession of the premises claimed and that the plaintiff had title thereto or had the right to the possession thereof as is declared by §§ 18-60-201 and 18-60-202 to be sufficient to maintain the action of ejectment. (b) If the action is brought by a joint tenant or tenant in common against his or her cotenant, the plaintiff shall also be required to show at the trial that the defendant actually ousted him or her or did some act amounting to a total denial of his or her right as a cotenant. Rev. Stat., ch. 53, §§ 11, 12; C. & M. Dig., §§ 3694, 3695; Pope's Dig., §§ 4649, 4650; A.S.A. 1947, §§ 34-1411, 34-1412.