When several persons claim several parcels of land under distinct titles and do not sustain to each other the relationship of landlord and tenant, a joint action of ejectment may not be maintained against them nor may a joint or several recovery be had in such action either for the premises or for mesne profits.
History. Orig. Code 1863, § 3272; Code 1868, § 3283; Code 1873, § 3359; Code 1882, § 3359; Civil Code 1895, § 5000; Civil Code 1910, § 5578; Code 1933, § 33-113.
History of Section.
This Code section is derived from the decision in Wood v. Milly McGuire’s Children, 17 Ga. 303 (1855); Ivey v. Cowart, 124 Ga. 159 , 52 S.E. 436 , 110 Am. St. R. 160 (1905).
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