2830 ARTICLE 75

proceed against the party making the defense under the rules and practice
of the court as the same existed prior to the year eighteen hundred and
seventy, except so far as the same are changed by this article, and the
plaintiff shall also recover as damages in this action the mesne profits and
damages sustained by him and caused by the ejectment and detention of
the premises up to the time of the determination of the case.

This section referred to in construing Sec. 78. Brandt, Inc. v. Y. W. C. A., 169 Md. 614.

In order to recover in ejectment, plaintiff must prove that it has title and right of
possession to land described in declaration. Abandonment of portion of railroad right
of way not made out. Green v. Pennsylvania R. R. Co., 141 Md. 132.
The plaintiff may not claim rent or other profits in ejectment and, upon a failure
to recover, recover them in another suit. Damages recoverable as well in ejectment
as in trespass. See notes to sec. 98. Strathmore Min. Co. v. Bayard Co., 139 Md. 370.

Under this section action of ejectment is resolved into a simple inquiry into validity
of plaintiff's claim to possession of land, and the judgment is conclusive. Changes in
law of ejectment made by this section. Brooke v. Gregg, 89 Md. 236.

Under act of 1872, ch. 346, plaintiff in ejectment may recover mesne profits and
damages for ejectment and detention of premises, as well as land itself. As respects
rents and profits, ejectment affords as ample relief as could be obtained in equity.
Hecht -v. Colquhoun, 57 Md. 567. And as to mesne profits, see Johnson v. Hines,. 61
Md. 132.

While secs. 76 to 90 relating to ejectment speak uniformly of land only as recoverable
in ejectment, that action will lie for any estate or interest in land, such as an upper
room in a building, a pew in a church, a coal mine, etc. Ejectment, however, will not
lie for incorporeal right, or interest in land created by license. Nicolai v. Baltimore,
100 Md. 585.

Plea of "not guilty" admits possession and ejectment, and puts in issue the title
to premises, right of possession, and amount of damages. Admission of evidence held
not reversible error. Abromatis v, Amos, 127 Md. 397; Mullen v. Brydon, 117 Md. 558.

An instruction which informs the jury as to. the legal effect of a plea of "not guilty"
is proper. Wallis v. Wilkinson, 73 Md. 131.

The.act of 1872, ch. 346, only authorizes a judgment by default against certain de-
fendants where others have appeared and 'made defense, so that as against them trial
can proceed. Judgment by default held to be unauthorized. Old ejectment practice.
The act of 1872; ch. 346, criticised. MacKenzie v. Renshaw, 55 Md. 296.

For cases involving the recovery of mesne profits prior to the act of 1872, ch. 346, see
Tongue v: Nutwell, 31 Md. 302; Mitchell v. Mitchell, 21 Md. 585.

See sec. 26 and notes to sec. 78 and to art. 75, sec. 153. :

An. Code, 1924, sec. 77. 1912, sec. 72. 1904, sec. 72. 1900, ch. 559, sec. 69A.

77. An outstanding mortgage shall not prevent the real owner as mort-
gagor of said property from maintaining an action of ejectment against
any person or persons other than the mortgagee, or his, her or their assigns.

See notes to sec; 76.

Cited but not construed in Williams v. Safe Dep. & Tr. Co., 167 Md. 504.

An. Code, 1924; sec. 78. 1912, sec. 73. 1904. sec. 73. 1888, sec. 70. 1872, ch. 346, sec. 2.

1929. ch. 406.

78. In all cases between landlord and tenant, as often as it shall happen
that one-half year's rent shall be in arrear and the landlord or lessor to
whom the same is due hath right by law to re-enter for the non-payment
thereof, such landlord or lessor shall and may, without any formal demand
or re-entry, serve a copy of a declaration in ejectment for the recovery of
the demised premises; or in case the same cannot be legally served, or no
tenant be in actual possession of the premises, then he shall affix the same
upon the door of any demised messuage, or in case such action of eject-
ment shall not be for the recovery of any messuage, then upon some notori-
ous place of the lands, tenements or hereditaments comprised in such decla-
ration in ejectment; and such affixing shall be deemed legal service there-
of, which service or affixing such declaration in ejectment shall stand in
the place and stead of a demand and re-entry; and in case of judgment
against the defendant for non-appearance, if it shall be made to appear