If the owner of such lands, or any person having right or claim thereto, shall, within the time aforesaid, file his bill for relief in any court of equity, he shall not have or continue any injunction against the proceedings at law on the ejectment, unless he shall, within thirty days next after a full and perfect answer filed by the plaintiff in ejectment, bring into court, or deposit in some bank within the Commonwealth to the credit of the cause, such money as the plaintiff in ejectment shall, in his answers, swear to be due and in arrear, over and above all just allowances and also the costs taxed in the suit, there to remain till the hearing of the cause, or to be paid out to the plaintiff on good security, subject to the decree of the court. And in case the bill shall be filed within the time aforesaid, and after execution executed, the plaintiff shall be accountable for no more than he shall, really and bona fide, without fraud, deceit, or willful neglect, make of the premises from the time of his entering into the actual possession thereof, and if it should be less than the rent payable, then the possession shall not be restored until the plaintiff be paid the sum which the money so made shall fall short of the rent for the time he so held the lands.
Terms Used In Virginia Code 55-242
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Fraud: Intentional deception resulting in injury to another.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
- Plaintiff: The person who files the complaint in a civil lawsuit.
Code 1919, § 5533.