Title 44 — Title 44
0 chapters · 990 sections in this title.
O.C.G.A. § 44-11-10 Implied warranty, §44-5-61
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Scope of general warranty, §44-5-62. WASHING MACHINES. Condominiums. Insurance coverage required, §44-3-107. 1187 INDEX WASTE. Estates for years. Repairs and expenses necessary for preservation and protection of property. Liability of tenant, §44-6-105. Landlord-tenant liability,…
O.C.G.A. § 44-11-11 Decrees
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Setoff of value of improvements against mesne profits by adverse claimant. Molding of decree, §44-11-9. Defendants. Disclaimer of claim, §44-11-6. Making true claimant defendant, §44-11-5. Disclaimer of claim by defendant, §44-11-6. Election of remedies.
O.C.G.A. § 44-11-12 Annexation of title abstract to petition
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The plaintiff shall attach an abstract of the title relied on for recovery to the petition for the recovery of land and mesne profits. History. Ga. L. 1860, p. 43, § 1; Code 1863, § 3312; Code 1868, § 3324; Code 1873, § 3401; Code 1882, § 3401; Civil Code 1895, § 5002; Civil Code …
O.C.G.A. § 44-11-13 Separate claimants
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Joint action against, §44-11-4. Setoff of value of improvements against mesne profits. Adverse claimants, §44-11-9. Trespassers, §44-11-8. 982 INDEX EJECTMENT —Cont’d Subsequent possession by mere entry. Recovery by plaintiff on prior possession alone, §44-11-2. Survivor of action…
O.C.G.A. § 44-11-14 Issuance of writ of possession; levy and sale clause
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When a verdict in ejectment is rendered in favor of the plaintiff and a judgment is entered thereon, the clerk of the superior court shall issue a writ of possession in which the clerk shall incorporate a clause directing the sheriff to collect by levy and sale of the defendant’s…
O.C.G.A. § 44-11-15 Recovery on strength of plaintiff title
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Requirement, §44-11-1. Setoff of value of improvements against mesne profits by adverse claimant. Title of purchaser, §44-11-9. Exemptions from levy and sale. Constitutional exemptions. Sale for reinvestment, §44-13-16. Good title to land for 40 years. Legal effect, §44-2-22. Gran…
O.C.G.A. § 44-11-2 When plaintiff may recover on prior possession alone
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A plaintiff in ejectment may recover the premises in dispute upon his prior possession alone against one who subsequently acquires possession of the land by mere entry and without any lawful right whatsoever. History. Orig. Code 1863, § 3278; Code 1868, § 3290; Code 1873, § 3366;…
O.C.G.A. § 44-11-30 Burdock v
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Miller, 21 Ga. 368, 1857 Ga. LEXIS 68 (1857); Baker v. Downing, 69 Ga. 746, 1882 Ga. LEXIS 329 (1882). If one joint plaintiff should not recover, none may. — Where a joint action for land is brought by several persons, and the evidence shows that one of them is not entitled to re…
O.C.G.A. § 44-11-32 Procedure on submission of counteraffidavit; trial
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If the party in possession submits a counteraffidavit as provided in Code Section 44-11-30, the sheriff shall not turn him out of possession but shall leave both parties in their respective positions. In such an 151 44-11-33 event, the sheriff shall return both affidavits to the …
O.C.G.A. § 44-11-33 Counteraffidavit, §44-11-30
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Procedure on submission of, §44-11-32. Sheriff competent to administer oath to person in possession, §44-11-31. Fi. fa. for costs, §44-11-33. Jury trial. Procedure on submission of counteraffidavit, §44-11-32. Manner of ejecting, §44-11-30. Oath. Sheriff competent to administer t…
O.C.G.A. § 44-11-4 Joint action against separate claimants; when prohibited
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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 t…
O.C.G.A. § 44-11-5 Mesne profits
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Issuance of writ of possession. Levy and sale clause, §44-11-14. Recovery, §44-11-7. Setoff of value of improvements against by adverse claimant, §44-11-9. Setoff of value of improvements by trespasser, §44-11-8. Parties. Death of codefendant. Necessity for substitution, §44-11-1…
O.C.G.A. § 44-11-6 Issuance of writ of possession
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Levy and sale clause, §44-11-14. Proceedings against intruders. Fi. fa. for costs, §44-11-33. Exemptions from levy and sale. Constitutional exemptions. Proceedings, §44-13-19. Landlord and tenant. Retaliation by landlord against tenant, action for, §44-7-24. 952 INDEX COSTS —Cont…
O.C.G.A. § 44-11-7 Recovery of mesne profits
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(a) By adding a count in his petition and submitting the evidence to the jury, the plaintiff in ejectment may recover by way of damages all such sums of money to which he may be entitled by way of mesne profits, together with the premises in dispute. (b) No plaintiff in ejectment …
O.C.G.A. § 44-11-9 Exemptions from levy and sale
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Constitutional exemptions. Fraudulent omissions from schedule of property, §44-13-6. Harassment of debtor, §44-13-41. Foreclosures. Personalty liens, §44-14-550. Sales made under power of sale, §44-14-162.4. Indians.