cipal or interest, the court may, on motion, order more to be sold. But if the property cannot be sold in portions without injury to the parties, the whole may be ordered to be sold in the first instance and the entire debt and costs paid, there being a rebate of interest, where such rebate is proper. CHAPTER II. ACTIONS FOR NUISANCE, WASTE, AND WILFUL TRESPASS IN CERTAIN CASES. Sec. 298. Nuisance defined and actions for. Sec. 299. Waste-actions for. Sec. 300. Trespass for cutting or carrying away trees, and ac tions for. Sec. 301. Measure of damages in certain cases under the last section. Sec. 302. Damages in actions for forcible entry, &c., may be trebled. Section 298. Anything which is injurious to health, or indecent or offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property, is a nuisance, and the subject of an action. Such action may be brought by any person whose property is injuriously affected, or whose personal enjoyment is lessened by the nuisance, and by the judgment the nuisance may be enjoined or abated, as well as damages recovered. Sec. 299. If a guardian, tenant for life or years, joint tenant, or tenant in common of real property, commit waste thereon, any person aggrieved by the waste may bring an action against him therefor, in which action there may be judgment for triple damages. Sec. 300. Any person who shall cut down or carry off any wood or underwood, tree or timber, or girdle or otherwise injure any tree or timber on the land of another person, or on the street or highway, in front of any person's house, village or city lot, or cultivated grounds, or on the common or public grounds of any city or town, or on the street or highway in front thereof, without lawful authority, shall be liable to the owner of such land or to such city or town, for treble the amount of damages which may be assessed therefor in a civil action in any court having jurisdiction. Sec. 301. Nothing in the last section shall authorize the recovery of more than the just value of the timber taken from uncultivated woodland, for the repair of the public highway, or bridge, upon the land, or adjoining it. Sec. 302. If a person recover damages for a forcible or unlawful entry in, or upon, or detention of any building, or any cultivated real property, judgment may be entered for three times. the amount at which the actual damages are assessed. CHAPTER III. ACTIONS CONCERNING REAL ESTATE. Sec. 303. Parties to an action to quiet title. Sec. 305. If plaintiff's title terminates pending the suit, what he may recover and how verdict and judgment. Sec. 306. When value of improvements shall be allowed as a set-off. Sec. 307. Order for survey or measurement. Sec. 308. Order-what to contain and how served; if unnecessary injury done to the party surveying, to be liable therefor. Sec. 309. A mortgage shall not be deemed a conveyance, what ever its terms. Sec. 310. When court may grant an injunction; during foreclosure after sale on execution, before conveyance. Sec. 311. Damages may be recovered for injury to the possession after sale and before delivery of possession. Sec. 312. Action not to be prejudiced by alienation pending suit. Section 303. An action may be brought by any person in possession, by himself or his tenant, of real property, against any person who claims an estate or interest therein adverse to him, for the purpose of determining such adverse claim, estate, or in terest. Sec. 304. If the defendant in such action disclaim in his answer any interest or estate in the property, or suffer judgment to be taken against him without answer, the plaintiff shall not recover costs. Sec. 305. If an action for the recovery of real property where the plaintiff shows the right to recover at the time the action was commenced, but it appears that his right has terminated during the pendency of the action, the verdict and judgment shall be according to the fact, and the plaintiff may recover damages for withholding the property. Sec. 306. When damages are claimed for withholding the property recovered, upon which permanent improvements have been made by a defendant, or those under whom he claims, holding under cover of title adversely to the claims of the plaintiff, in good faith, the value of such improvements shall be allowed as a set-off against such damages. Sec. 307. The court in which action is pending for the recovery of real property, or a judge thereof, may, on motion, upon notice by either party, for good cause shown, grant an order allowing to such party the right to enter upon the property and make a survey and measurement thereof, for the purpose of action. Sec. 308. The order shall describe the property, and a copy thereof shall be served on the owner or occupant; and thereupon such party may enter upon the property, with necessary surveyors and assistants, and may make such survey and measurement; but if any unnecessary injury be done to the property he shall be liable therefor. Sec. 309. A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover possession of the real property without foreclosure and sale. Sec. 310. The court may, by injunction, on good cause shown, restrain the party in possession from doing any act to the injury of real property during the foreclosure of a mortgage thereon, or after a sale on execution before a conveyance. Sec. 311. When real property shall have been sold on execution, the purchaser thereof, or any person who may have succeeded to his interest, may, after his estate becomes absolute, recover damages for injury to the property by the tenant in possession, after a sale and before possession is delivered under the conveyance. Sec. 312. An action for the recovery of real property against a person in possession cannot be prejudiced by any alienation made by such person, either before or after the commencement of the action. CHAPTER IV. ACTIONS FOR THE PARTITION OF REAL PROPERTY. Sec. 313. Who may bring actions for partitions. Sec. 314. Interests of all parties shall be set forth in the complaint. Sec. 315. Lien-holders not of record need not be made parties. Sec. 316. Plaintiff shall file notice of his lispendens. Sec. 317. Summons shall be directed to all persons interested in the property. Sec. 318. Unknown parties may be served by publication. Sec. 320. The rights of all parties may be ascertained in the action. Sec. 321. In certain cases may be lawful for court to make partition between original co-tenants. Sec. 322. Lien-holders shall be made parties or a referee be appointed to ascertain their rights. Sec. 323. Lien-holders shall be notified to appear before the ref eree appointed. Sec. 324. The court may order a sale or partition, and appoint referees therefor. Sec. 325. Partition shall be made according to the right of the parties as ascertained by the court. Sec. 326. Referees shall make a report of their proceedings. Sec. 327. The court may set aside, affirm, report, and enter judgment thereon; upon whom judgment to be con clusive. Sec. 328. Judgment shall not affect tenants for years to whole property. Sec. 329. Expenses for partition shall be apportioned among the parties. Sec. 330. A lien on an undivided interest of any, shall be a charge only on the share assigned to such party. Sec. 331. Estate for life or years may be set off in a part of the property not sold, when not all sold. Sec. 332. Application of proceeds of sale of encumbered property. Sec. 333. Party holding other securities may be required first to exhaust them. Sec. 334. Proceeds of sale, disposition of. Sec. 335. When paid into court, the cause may be continued for the determination of the claim of the parties. Sec. 336. Sales by referees shall be made at public auction. Sec. 340. pensation. The court may fix such compensation. Sec. 341. The court shall protect tenants unknown. Sec. 342. The court shall ascertain and secure the value of future contingent or vested rights. Sec. 343. Terms of sale shall be made known at the time. Lots shall be sold separately. Sec. 344. Who may not be purchasers. Sec. 345. Referees shall make a report of the sale to the court. Sec. 346. If confirmed, conveyances may be executed. Sec. 347. Proceeding if a lien-holder become a purchaser. Sec. 348. Conveyances shall be recorded and will be a bar against parties. Sec. 349. Proceeds of sale belonging to parties unknown shall be invested for their benefit. Sec. 350. Investments shall be made in the name of the clerk of the county. Sec. 351. When the interest of the parties is ascertained, securities shall be taken in their names. Sec. 352. Duties of the clerk making investments. When unequal partition is ordered, compensation may be adjudged in certain cases. Sec. 354. The share of an infant may be made to his guardian. Sec. 355. The guardian of an insane person may receive the proceeds of such party's interest. Sec. 356. A guardian may consent to partition without action, and execute releases. Sec. 357. Costs of partition a lien upon the shares of the par ceners. Sec. 358. The court, by consent, may appoint a single referee. Section 313. When several co-tenants hold and are in possession of real property as parceners, joint tenants, or tenants in common, in which one or more of them have an estate of inheritance, or for life or lives, or for years, an action may be brought by one or more of such persons for a partition thereof, according to the respective rights of the persons interested therein, and for a sale of such property or a part thereof, if it appear that a partition cannot be made without great prejudice to the owners. Sec. 314. The interest of all such persons in the property, whether such persons be known or unknown, shall be set forth in the complaint specifically and particularly, as far as known to the plaintiff, and if one or more of the parties, or the share, or quantity of interest of any of the parties be unknown to the plaintiff, or be uncertain or contingent, or the ownership of the inheritance depend upon executory devise, or the remainder be a contingent remainder, so that such parties cannot be named, that fact shall be set forth in the complaint. Sec. 315. No person having a conveyance of, or claiming a lien on the property, or some part of it, need be made a party to the action, unless such conveyance or lien appear of record. Sec. 316. Immediately after filing the complaint in the district court, the plaintiff shall file with the recorder of the county, or of the several counties, in which the property is situated, either a copy of such complaint or a notice of the pendency of the action, containing the names of the parties so far as known, the object of the action, and a description of the property to be affected thereby. From the time of the filing it shall be deemed notice to all persons. Sec. 317. The summons shall be directed to all the joint tenants and tenants in common, and all persons having an interest in, or any liens of record by mortgage, judgment, or otherwise, upon the property, or upon any particular portion thereof; and, generally, |