When any person, either by himself, his agent, or his attorney in fact, shall take and subscribe an affidavit in writing before any officer authorized to administer an oath setting forth that he claims, in good faith, the right of possession to the described land or tenement and that such land or tenement is in the hands of another named person who does not in good faith claim a right to such possession and yet refuses to abandon the same, it shall be the duty of the sheriff of the county where the land or tenement is located, upon receiving such affidavit, to exhibit such affidavit to the person described as being in possession of such land or tenement at the earliest possible day and to turn such person out of possession unless the person in possession tenders to the sheriff a counteraffidavit stating that he claims, in good faith, a legal right to the possession of the land or tenement.
History. Ga. L. 1853-54, p. 52, § 1; Code 1863, § 3979; Code 1868, § 4000; Code 1873, § 4072; Code 1882, § 4072; Civil Code 1895, § 4808; Civil Code 1910, § 5380; Code 1933, § 105-1501.
Structure Georgia Code
Chapter 11 - Ejectment and Proceedings Against Intruders
Article 2 - Proceedings Against Intruders
§ 44-11-30. Manner of Ejecting Intruders; Affidavit; Ejection by Sheriff; Counteraffidavit
§ 44-11-31. Sheriff Competent to Administer Oath to Person in Possession
§ 44-11-32. Procedure on Submission of Counteraffidavit; Trial
§ 44-11-33. Issuance of Writ of Possession; Fi. Fa. for Costs