If the jury be of opinion for the plaintiffs, or any of them, the verdict shall be for the plaintiffs, or such of them as appear to have right to the possession of the premises, or any part thereof, and against such of the defendants as were in possession thereof or claimed title thereto at the commencement of the action.
§ 8.01-149.Verdict when jury finds for plaintiffs or any of them.
Chapter 3. Actions · Article 14. Ejectment · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-149 directs that when the jury finds for the plaintiffs, or some of them, the verdict favors whichever plaintiffs proved a right to possession of the premises, or part of them, and runs against defendants who were in possession or claimed title when the action began.
Full Text of § 8.01-149
Plain-English Summary
Section 8.01-149 fixes how the jury’s verdict is framed when at least one plaintiff prevails. The verdict is not necessarily a blanket win for every plaintiff named in the case — it favors those plaintiffs, and only those plaintiffs, whom the jury finds to have a right to possession of the premises, or of some part of them.
On the defendant’s side, the verdict runs against those defendants who were in possession of the premises, or who claimed title to them, when the action was commenced. This matches liability to the parties’ actual positions at the time suit began rather than treating every named party identically.
Frequently Asked Questions
Does every plaintiff win automatically if the jury rules for “the plaintiffs”?
No. Section 8.01-149 limits the verdict to those plaintiffs the jury finds to have a right to possession of the premises, or of some part of them — not necessarily all plaintiffs named in the case.
Which defendants does the verdict apply to?
It applies to defendants who were in possession of the premises, or who claimed title to them, at the time the action was commenced.
Can a verdict favor some plaintiffs and reject others in the same case?
Yes. The statute contemplates a verdict for “the plaintiffs, or such of them as appear to have right to the possession,” recognizing that different plaintiffs in a multi-party case may fare differently.
What happens to a plaintiff who does not prove a right to possession?
Section 8.01-150 addresses that directly: when a plaintiff appears to have no right, the verdict as to that plaintiff is for the defendants.
Why does the verdict look to each defendant’s status at the commencement of the action?
Because ejectment turns on the parties’ rights and positions at a fixed point in time, the statute anchors the defendants’ exposure to who was in possession or claiming title when the suit started, rather than to later developments.
Amendment History
Code 1950, § 8-819; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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