The judgment for the plaintiff shall be, that he recover the possession of the premises, according to the verdict of the jury, if there be a verdict, or if the judgment be by default, or on demurrer, according to the description thereof in the motion for judgment.
§ 8.01-155.How judgment for plaintiff entered.
Chapter 3. Actions · Article 14. Ejectment · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-155 provides that a judgment for the plaintiff awards possession of the premises according to the jury’s verdict, or, if entered by default or on demurrer without a verdict, according to the description of the premises in the motion for judgment.
Full Text of § 8.01-155
Plain-English Summary
Section 8.01-155 states the substance of a plaintiff’s judgment in an ejectment action. The core relief is recovery of possession of the premises, and the statute ties the description of what is recovered to whichever procedural path produced the judgment.
When there has been a verdict, the judgment for the plaintiff follows that verdict — including any narrowing to a specific part or undivided share under Sections 8.01-151 and 8.01-152. When the judgment instead comes by default or on demurrer, with no jury verdict to draw from, the judgment follows the description of the premises as stated in the motion for judgment.
Frequently Asked Questions
What does a plaintiff recover under an ejectment judgment?
Possession of the premises — described according to the jury’s verdict if there was one, or according to the description in the motion for judgment if the judgment was entered by default or on demurrer.
Does the judgment always match the original motion for judgment exactly?
Not when there is a verdict. If the jury found the plaintiff entitled to only part or an undivided share of the premises, the judgment follows that verdict rather than the full original claim.
What happens if the defendant defaults instead of the case going to trial?
The judgment for the plaintiff is entered according to the description of the premises in the motion for judgment, since there is no verdict to draw the description from.
Does a judgment on demurrer work the same way as a default judgment for this purpose?
Yes. Section 8.01-155 treats a judgment “by default, or on demurrer” the same way, basing the judgment on the description in the motion for judgment.
How does this section connect to the sheriff’s role in enforcing the judgment?
Once judgment for possession is entered under Section 8.01-155, Section 8.01-156 addresses what happens to personal property that must be removed from the premises when the sheriff enforces that judgment.
Amendment History
Code 1950, § 8-825; 1954, c. 333; 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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