2025 Code of Georgia
Title 44 - Property (Chs. 1 — 17)
Chapter 11 - Ejectment and Proceedings Against Intruders (Arts. 1 — 2)
Article 1 - Ejectment (§§ 44-11-1 — 44-11-15)
Annotations
JUDICIAL DECISIONS
Action in ejectment is proper legal method of trying title to land. Bright v. City of Washington, 95 Ga. App. 84, 97 S. E.2d 163, 1957 Ga. App. LEXIS 721 (1957).
Municipality may maintain action in ejectment to recover possession of street. Bright v. City of Washington, 95 Ga. App. 84, 97 S. E.2d 163, 1957 Ga. App. LEXIS 721 (1957).
Conveyance of interest by one of several plaintiffs pending action. —Where one of several plaintiffs in ejectment conveys an interest in the premises during the pendency of the action, the action may still proceed in that plaintiff’s name to recover the interest. Poland Laundry Mach. Co. v. Pyle, 50 Ga. App. 453, 178 S. E. 474, 1935 Ga. App. LEXIS 172 (1935).
Where there is an assignment for benefit of creditors after commencement of action, and where such an assignment of a chose in action is not made until after the assignor has filed an action on the assigned claim, the action in the name of the original plaintiff is not thereby abated; but the original plaintiff, without amendment and without the presence of the assignee, may continue to prosecute the claim to a judgment, holding the amount represented by the secured debt as the trustee for the assignee. Poland Laundry Mach. Co. v. Pyle, 50 Ga. App. 453, 178 S. E. 474, 1935 Ga. App. LEXIS 172 (1935).
Complaint can be sufficient without specifying which portion of tract plaintiffs claim. —Where a complaint in an ejectment action, together with the abstract of title which was duly made a part thereof, fully and completely describes the 250 acres of land claimed to be owned by the plaintiffs, and alleges that the six acres sought to be recovered “are situate in the 250 acre tract,” the sheriff would have no trouble in executing a writ of possession for the reason that the sheriff could put the petitioners in possession of any part of the 250 acres found to be in the possession of the defendant. Crews v. Russell, 199 Ga. 732, 35 S. E.2d 444, 1945 Ga. LEXIS 373 (1945).
Research References & Practice Aids
RESEARCH REFERENCES ALR.Constructive notice by record of true title or interest as affecting right to compensation for improvements, 68 A. L. R. 288; 82 A. L. R. 921.
Hierarchy Notes:O. C. G. A. Title 44
O. C. G. A. Title 44, Ch. 11
- § 44-11-1. Requirement that plaintiff recover on strength of own title; effect of common grantor on proof of title
- § 44-11-2. When plaintiff may recover on prior possession alone
- § 44-11-3. Right of joint owner to bring an action alone; effect of judgment
- § 44-11-4. Joint action against separate claimants; when prohibited
- § 44-11-5. Making true claimant a defendant; effect of judgment as to such defendant
- § 44-11-6. Disclaimer by defendant; effect on costs
- § 44-11-7. Recovery of mesne profits
- § 44-11-8. Setoff of value of improvements against mesne profits by trespasser
- § 44-11-9. Setoff of value of improvements against mesne profits by adverse claimant; right of plaintiff to election; payment by defendant to plaintiff and acquisition of title; sale; levy; molding of decree; title of purchaser
- § 44-11-10. When previous warrantor may be codefendant
- § 44-11-11. Necessity for substitution upon death of codefendant in ejectment
- § 44-11-12. Annexation of title abstract to petition
- § 44-11-13. When judgment conclusive of title
- § 44-11-14. Issuance of writ of possession; levy and sale clause
- § 44-11-15. Persons not subject to writ of possession
