North Carolina § 1-347 - Plaintiff's election that defendant take premises.

§ 1-347. Plaintiff's election that defendant take premises.

The plaintiff in such case, if judgment is rendered for him, may, at any time during the same term, or before judgment is rendered on the assessment of the value of the improvements, in person or by his attorney in the cause, enter on the record his election to relinquish his estate in the premises to the defendant at the value as ascertained, and the defendant shall thenceforth hold all the estate that the plaintiff had therein at the commencement of the suit, if he pays therefor the said value with interest in the manner ordered by the court. History (1871-2, c. 147, s. 12; Code, s. 484; Rev., s. 663; C.S., s. 706.) Legal Periodicals. - For article, "Mistaken Improvers of Real Estate," see 64 N.C.L. Rev. 37 (1985).