A plaintiff in ejectment must recover on the strength of his own title and not on the weakness of the defendant’s title. Where both parties claim under a common grantor, it is not necessary to show title back of such common grantor.
History. Civil Code 1895, § 5004; Civil Code 1910, § 5582; Code 1933, § 33-101.
Law reviews.
For comment on Brooks v. Williams, 227 Ga. 59 , 178 S.E.2d 880 (1970), see 23 Mercer L. Rev. 399 (1972).
For article discussing origin and construction of Georgia provision concerning ejectment, see 14 Ga. L. Rev. 239 (1980).
Structure Georgia Code
Chapter 11 - Ejectment and Proceedings Against Intruders
§ 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
§ 44-11-10. 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