Rule
39-1054. Specific Averments. Abstract of Title
The
defendant, or any one of several defendants, may disclaim title and deny
possession of the whole of the land claimed in an action of Ejectment, in
writing and under oath; and thereupon the action shall stop as to those
disclaiming unless the plaintiff, within twenty (20) days after notice, shall
traverse such denial or possession under oath in which case the cause shall go
to trial. If the defendant disclaims and
offers to confess judgment for a part of the land claimed and the plaintiff
refuses to accept the same and fails to recover more than was embraced in said
offer, he shall pay all costs incurred subsequent thereto.