A trespasser may not set off improvements in an action brought for mesne profits except when the value of the premises has been increased by the repairs or improvements which have been made. In that case, the jury may take into consideration the improvements or repairs and may diminish the profits by that amount but not below the sum which the premises would have been worth without such improvements or repairs.
History. Orig. Code 1863, § 3397; Code 1868, § 3416; Code 1873, § 3468; Code 1882, § 3468; Civil Code 1895, § 5087; Civil Code 1910, § 5671; Code 1933, § 33-106.
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