Title
TITLE 60 PROPERTY (INCLUDED 2019 POCKET PART)
Body
TITLE 60
PROPERTY
Chapter
1. General Provisions
2. Ingress, Egress and Encroachment of Tribal Lands and Property
CHAPTER 1
GENERAL PROVISIONS
Section
1. Prior right of possession
2. Suits for recovery of property
3. Legal possession
4. Conveyance of property to minor
? 1. Prior right of possession
Any person having peaceable possession of private property obtained through lawful means, and claiming a limited or absolute right in the same, shall be held, in law, to have a prior right of possession thereto against all persons obtaining possession thereafter, until the right of such person shall expire, or be by him transferred to another for good or valuable consideration, or until his right shall be disputed and invalidated by due course of law. And any person, having a prior right of possession of any property to any other person, and the property being detained by the latter from the former without his voluntary consent, may recover such property upon suit for possession merely, without regard to, or investigation had by the court of, other or higher title, either in plaintiff or defendant of such suit. But such person as plaintiff may submit to the court the general question of right, involving the right of possession of the property, or be awarded possession of such property merely, as provided above, with the right accruing of answering as defendant in all suits involving the right, title and interest of the parties to such property.
? 2. Suits for recovery of property
Suits for the recovery of property shall be instituted against the person having the property in legal possession and control; but in any suit by a third party against the lessee or agent of another, holding property of another in his possession, in which suit the right of the principal in such property is mainly involved, such fact being brought to the notice of the Court, at the calling of the case, by disclaimer of o...
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