In the event that the plaintiff fails to make the payment pursuant to paragraph (1) of this subsection within the time allowed in the decree, the defendant shall have the right to pay to the plaintiff the value of the land and the mesne profits in accordance with paragraph (2) of this subsection. In all cases in which a setoff of improvements is sought in excess of mesne profits, the jury shall have the right to fix the time from which mesne profits shall be allowed.
History. Ga. L. 1897, p. 79, § 1; Civil Code 1910, §§ 5587, 5588, 5589, 5590; Code 1933, §§ 33-107, 33-108, 33-109, 33-110.
Cross references.
Setoff of improvements by one in bona fide possession, § 13-7-10 .
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