§ 78B-6-809. Proof required of plaintiff -- Defense.  


Latest version.
  • (1) On the trial of any proceeding for any forcible entry or forcible detainer the plaintiff shall only be required to show, in addition to the forcible entry or forcible detainer complained of, that he was peaceably in the actual possession at the time of the forcible entry, or was entitled to the possession at the time of the forcible detainer.
    (2) In defense, the defendant may show that he or his ancestors, or those whose interest in the premises he claims, had been in the quiet possession of the property for the space of one entire year continuously before the commencement of the proceedings, and that his interest is not ended or determined, and that this showing is a bar to the proceedings.
Renumbered and Amended by Chapter 3, 2008 General Session