2006 Code of Virginia § 8.01-166 - How defendant may apply therefor, and have judgment suspended

8.01-166. How defendant may apply therefor, and have judgment suspended.

Any defendant against whom a decree or judgment shall be rendered for land,when no assessment of damages has been made under Article 14 ( 8.01-131 etseq.) of this chapter, may, at any time before the execution of the decree orjudgment, present a pleading to the court rendering such decree or judgment,stating that he, or those under whom he claims while holding the premisesunder a title believed by him or them to have been good, have made permanentimprovements thereon, and moving that he should have an allowance for thesame which are over and above the value of the use and occupation of suchland; and thereupon the court may, if satisfied of the probable truth of theallegation, suspend the execution of the judgment or decree, and impanel ajury to assess the damages of the plaintiff, and the allowances to thedefendant for such improvements.

(Code 1950, 8-842; 1977, c. 617.)