78B-6-809. Proof required of
plaintiff -- Defense. ![]()
(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