2021 Georgia Code
Title 9 - Civil Practice
Chapter 2 - Actions Generally
Article 2 - Parties
§ 9-2-23. Separate Action by Tenant in Common
A tenant in common may bring an action separately for his own interest, and the judgment in such case shall affect only himself.
(Orig. Code 1863, § 3183; Code 1868, § 3194; Code 1873, § 3259; Code 1882, § 3259; Civil Code 1895, § 4941; Civil Code 1910, § 5518; Code 1933, § 3-111.)
Cross references.- Tenancy in common generally, § 44-6-120 et seq.
JUDICIAL DECISIONS
In action ensuing from filing of distress warrant, it was immaterial whether premises were leased to defendant lessee by lessors separately or as a partnership, since in either event lessors would be tenants in common of the property and thus subject to the express provisions of this section. Wisteria Garden Restaurant, Inc. v. Tuntas Co., 114 Ga. App. 165, 150 S.E.2d 460 (1966).
Action by assignee of tenant in common.
- Under agreement between two former partners, in course of dissolution of partnership and division of assets remaining after payment of all indebtedness, that claim for personalty against third party would be divided equally between them, partners thereafter became tenants in common, insofar as their claim for such personalty was concerned, and it was therefore permissible for assignee of claim of one of such cotenants to sue in trover for the recovery of one-half undivided share of such property without joining the other cotenant and without suing in the name of the dissolved partnership. Graham v. Raines, 83 Ga. App. 581, 64 S.E.2d 98 (1951).
Separate action by tenants in common.
- Since deed grantor's action to set aside and cancel warranty deed that the deed grantor conveyed to the deed grantees was severable as to the deed grantor's interest in the property that the deed grantor held as a joint tenant with the deed grantor's spouse, the deed grantor could not toll the applicable statute of limitations for bringing the deed grantor's action as the deed grantor could not use the spouse's disability to toll the action that the deed grantor could have brought as to the deed grantor's own interest in the property. Pivic v. Pittard, 258 Ga. App. 675, 575 S.E.2d 4 (2002).
Cited in Butler v. Prudden, 182 Ga. 189, 185 S.E. 102 (1936); Keen v. Rodgers, 203 Ga. 578, 47 S.E.2d 567 (1948); Pugh v. Moore, 207 Ga. 453, 62 S.E.2d 153 (1950); Kitchens v. Jefferson County, 85 Ga. App. 902, 70 S.E.2d 527 (1952); Perkins v. First Nat'l Bank, 221 Ga. 82, 143 S.E.2d 474 (1965); Carroll v. Morrison, 116 Ga. App. 575, 158 S.E.2d 480 (1967); Paine v. Thomas, 228 Ga. 519, 186 S.E.2d 737 (1972).
RESEARCH REFERENCES
Am. Jur. 2d.
- 20 Am. Jur. 2d, Cotenancy and Joint Ownership, §§ 32 et seq., 100 et seq. 59 Am. Jur. 2d, Parties, § 128 et seq.
C.J.S.- 86 C.J.S., Tenancy in Common, § 152 et seq. 67A C.J.S., Parties, § 41 et seq.
ALR.
- Homestead right of cotenant as affecting partition, 140 A.L.R. 1170.
Capacity of cotenant to maintain suit to set aside conveyance of interest of another cotenant because of fraud, undue influence, or incompetency, 7 A.L.R.2d 1317.
