If one tenant in common receives more than his share of the rents and profits, he shall be liable therefor as the agent or bailee of the other cotenant. The claim for such indebtedness shall be superior to liens held by third persons which have been placed on the interest of the cotenant by the tenant in possession who received the unequal share of the rents and profits.
History. Civil Code 1895, § 3147; Civil Code 1910, § 3727; Code 1933, § 85-1004.
History of Code section.
This Code section is derived from the decisions in Shiels v. Stark, 14 Ga. 429 (1853); Huff v. McDonald, 22 Ga. 131 (1856) and Hill v. Reeves, 57 Ga. 32 (1876).
Law reviews.
For article discussing several aspects of joint tenancy with right of survivorship, see 16 Ga. St. B.J. 54 (1979).