55-239 - Proceedings to establish right of reentry, and judgment therefor. - Virginia Statutes

§ 55-239. Proceedings to establish right of reentry, and judgment therefor.

Any person who shall have a right of reentry into lands by reason of any rentissuing thereout being in arrear, or by reason of the breach of any covenantor condition, may serve a declaration in ejectment on the tenant inpossession, when there shall be such tenant, or, if the possession be vacant,by affixing the declaration upon the chief door of any messuage, or at anyother notorious place on the premises, and such service shall be in lieu of ademand and reentry; and upon proof to the court, by affidavit in case ofjudgment by default or upon proof on the trial, that the rent claimed was dueand no sufficient distress was upon the premises, or that the covenant orcondition was broken before the service of the declaration and that theplaintiff had power thereupon to reenter, he shall recover judgment and haveexecution for such lands.

(Code 1919, § 5530.)