§ 890. In an action, for the recovery of dower before admeasurement, or by a tenant in common, or joint tenant of real property, against a co-tenant, the plaintiff must show, in addition to the evidence of his right, that the defendant either denied the plaintiff's right, or did some act amounting to such denial. The provisions of the Revised Statutes are extended, so as to include actions for the recovery of dower not set off, as coming within the reason of the rule which applies to other tenants in common. § 891. In an action for the recovery of specific real or personal property, where the plaintiff shows a 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 must be according to the fact, and the plaintiff may recover damages for withholding the property. The provisions of the Revised Statutes extended, so as to include actions for specific personal property as well as real. § 892. Any person, against whom a judgment for the recovery of specific real property is rendered may, within six months after written notice of the judgment, upon payment of all costs and damages recovered thereby, demand another trial, by notice in writing to the adverse party, or to his attorney in the action, and thereupon the action may be brought to trial by either party. It appears to have been the policy of our law, at an early pe riod, to regard real property, and all legal proceedings relating This to it, with peculiar caution and jealousy of the courts. By the Revised States, when the action by writ of right was abolished and ejectment substituted, the judgment was made conclusive upon the title, but the losing party was allowed three years to pay the costs and demand a new trial. If unsuccessful again, he might even then within two years apply to the court for another new trial. There seems no good reason for allowing so long a period,. within which an unsuccessful party may determine whether, to submit to the result of the first trial. After a second trial with a similar result, the judgment ought to be conclusive. The remaining sections of this title embrace all the remaining provisions of the existing laws relating to actions concerning real property, which the Commissioners deem neces sary. § 893. If on a second trial, as provided in the last section, judgment be to the same effect, as on the first, no further trial can be had, unless the court, in its discretion, on motion by the party as to whom the judgment last rendered is less favorable than the first, order a third trial. § 894. The judgment given on a trial, to be had under the last two sections, must be annexed to the judgment roll of the former trial, and the judgment last given, shall be the final determination of the rights of the parties. If a prior judgment shall have been executed, restitution must be ordered, as the last judgment may determine the rights of the parties, and the same may be enforced by execution. § 895. Damages for withholding the property recovered, can in no case exceed the fair value of the property, (exclusive of the use of improvements, made by the defendant,) for a period not exceeding six years; and when permanent improvements have been made by a defendant, or those under whom he claims, holding under color of title, adversely to the claims of the plaintiff, in good faith, the value thereof must be allowed as a set off, against the damages of the plaintiff, for the use of the property. § 896. The court, in which an action is pending for the recovery of real property, may on motion, upon notice, by either party, and for cause shown, grant an order, allowing to such party the right to enter upon the property, and make survey and measurement thereof, for the purposes of the action. § 897. The order must describe the property, and a copy thereof must be served on the owner, or occupant, and thereupon such party may enter upon the property, with necessary surveyors and assistants, and make such survey and measurements, but if any unnecessary injury be done to the property, he is liable therefor. § 898. A mortgage of real property is not to be deemed a conveyance, so as to enable the owner of the mortgage to recover possession of the real property, without a foreclosure. § 899. The court may, by injunction, on cause shown, restrain the party in possession, from doing any act to the injury of real property, during the summary foreclosure of a mortgage thereon, or after a sale on execution, before a conveyance. § 900. 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 the sale, and before possession is delivered under the conveyance. § 901. An action for the recovery of real property against a person in possession, or in the receipt of the rents or profits thereof, can not be prejudiced by any alienation, made by such person, either before or after the commencement of the action; but in such case, if the defendant have no property sufficient to satisfy the damages recovered, for the withholding of possession, such damages may be collected by action against the purchaser. § 902. When in case of a lease of real property, and the failure of the tenant to pay rent, the landlord has a subsisting right to re-enter for such failure, he may bring an action to recover possession of the property; and such action is equivalent to a demand of the rent and a re-enty upon the property. But if at any time before the expiration of six months after possession obtained by the plaintiff, on a recovery in the action, the lessee, or his successor in interest as to the whole or part of the property, pay to the plaintiff, or bring into court, the amount of rent then in arrear with interest, and the costs of the action, and perform the other covenants on the part of the lessee, he may be restored to the possession and hold the property according to the terms of the original lease. CHAPTER II. ACTIONS FOR THE FORECLOSURE OF MORTGAGES. SECTION 903. Actions for foreclosure of mortgages. 905. Two actions for same debt not allowed. 906. Surplus on sale. 907. Sufficient to satisfy debt only to be sold. This chapter contains all the provisions deemed necessary in actions for foreclosure of mortgages, which are substituted for the provisions formerly in use for that purpose. When mortgages are given for the payment of money only, as most of them are, ample provisions are made in part 3, for their foreclosure in a summary, and as we think safe, manner. In cases other than those, the action of the court, in determining the amount is almost invariably necessary; and these are the only cases in which a mortgage foreclosure will necessarily be by action. § 903. In an action for the foreclosure or satisfaction of a mortgage of real property, or the satisfaction of a |