§ 1-340. Petition by claimant; execution suspended; issues found. - North Carolina Statutes

Article30.

Betterments.

§ 1‑340.  Petition byclaimant; execution suspended; issues found.

A defendant against whom ajudgment is rendered for land may, at any time before execution, present apetition to the court rendering the judgment, stating that he, or those underwhom he claims, while holding the premises under a color of title believed to be good, have made permanent improvements thereon, and praying that he may beallowed for the improvements, over and above the value of the use and occupationof the land. The court may, if satisfied of the probable truth of theallegation, suspend the execution of the judgment and impanel a jury to assessthe damages of the plaintiff and the allowance to the defendant for theimprovements. In any such action this inquiry and assessment may be made uponthe trial of the cause. (1871‑2, c. 147; Code, s. 473; Rev., s. 652;C.S., s. 699.)