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§ 1484.Judgment For Plaintiff - Execution - Bar of Action For Mesne Profits

Chapter 27: Occupying Claimants · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 1484 directs the court, if the jurors report a sum owed to the plaintiff after netting the improvements against damages for waste and the net rents and profits, to enter judgment for that excess without pleadings, and bars the plaintiff from any separate action for mesne profits either way.

Full Text of § 1484

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If the jurors shall report a sum in favor of the plaintiff or plaintiffs in said action, for the recovery of real property, on the assessment and valuation of the valuable and lasting improvements, and the assessment of damages for waste, and the net annual value of the rents and profits, the court shall render a judgment therefor without pleadings, and issue execution thereon as in other cases; or if no excess be reported in favor of said plaintiff or plaintiffs, then, and in either case, the said plaintiff or plaintiffs shall be thereby barred from having or maintaining any action for mesne profits.

Amendment History

R.L. 1910, § 4936.

Plain-English Summary

After the improvements, waste, and rents and profits have all been valued, this section tells the court what to do with the numbers. If the jurors report an excess owed to the plaintiff -- meaning the rents, profits, and waste outweigh the value of the improvements -- the court enters judgment for that excess without requiring separate pleadings, and issues execution on it just like any other judgment.

Either way, whether the plaintiff recovers an excess or the jurors report none, the plaintiff is barred afterward from bringing or maintaining any separate action for mesne profits. This proceeding settles that question once and for all.

Frequently Asked Questions

What happens if the rents and damages for waste turn out to be worth more than the improvements?

The court renders judgment for the plaintiff for that excess, without requiring separate pleadings, and issues execution on it.

Can the plaintiff later sue separately for mesne profits?

No. Section 1484 bars that separate action, whether or not an excess was reported in the plaintiff's favor.

Do I need to file a new pleading to get judgment on the excess?

No, the court renders judgment on the jurors' report without pleadings.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source
Also known as: mesne profits barred oklahoma occupying claimant12 O.S. § 1484judgment for rents and waste oklahomaexecution on occupying claimant judgment