Section 28. The plaintiff shall, except as provided in the following section, before taking out execution for seisin of the land, pay to the defendant, or for his use to the recorder of the land court, the amount, if any, by which the defendant’s judgment upon his counterclaim for improvements exceeds the amount recovered against the defendant by the plaintiff upon his claim for rents and profits and other damages; but the defendant or person claiming under him shall not be liable for rents and profits accruing between the date of the judgment and payment by the plaintiff of said amount.
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