When implied contract to pay rent arises

When, in an action for rent, title is shown in the plaintiff and occupation by the defendant is proved, an obligation to pay rent is generally implied. However, if the entry of the defendant on the premises was not under the plaintiff or if the possession of the defendant is adverse to the plaintiff, no such implication arises. (Civil Code 1895, § 3116; Civil Code 1910, § 3692; Code 1933, § 61-103.) History of Code section. — This Code section is derived from the decision in Lathrop v. Standard Oil Co., 83 Ga. 307, 9 S.E. 1041 (1889).