South Carolina § 27-27-40 Stay of judgment in first action; special verdict for betterments.

South Carolina Statutes

§ 27-27-40 — Stay of judgment in first action; special verdict for betterments.

South Carolina § 27-27-40

Title 27PROPERTY AND CONVEYANCES

Ch. 27BETTERMENTS

This text of South Carolina § 27-27-40 (Stay of judgment in first action; special verdict for betterments.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 27-27-40 (2026).

Text

The court, on the entry of such action, shall stay all proceedings upon the judgment obtained in the prior action, except the recovery of such lands, until the sale of the lands recovered as provided in SECTION 27-27-60. The final judgment shall be upon a special verdict by a jury, under the direction of the court, stating the value of the lands and tenements without the improvements put thereon in good faith by the defendant in the prior action and the value thereof with improvements. The defendant in the prior action shall be entitled for such betterments to a verdict for the value thereof, as of the date when the lands were recovered from him and interest on such verdict from such date.

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The court, on the entry of such action, shall stay all proceedings upon the judgment obtained in the prior action, except the recovery of such lands, until the sale of the lands recovered as provided in SECTION 27-27-60. The final judgment shall be upon a special verdict by a jury, under the direction of the court, stating the value of the lands and tenements without the improvements put thereon in good faith by the defendant in the prior action and the value thereof with improvements. The defendant in the prior action shall be entitled for such betterments to a verdict for the value thereof, as of the date when the lands were recovered from him and interest on such verdict from such date.

Legislative History

HISTORY: 1962 Code SECTION 57-404; 1952 Code SECTION 57-404; 1942 Code SECTION 8834; 1932 Code SECTION 8834; Civ. C. '22 SECTION 5299; Civ. C. '12 SECTION 3529; Civ. C. '02 SECTION 2443; G. S. 1838; R. S. 1955; 1885 (19) 432.