Title 44

Violations of any ordinance adopted in conformity with this article shall be punished in the same manner as provided by charter or local law for the punishment of violations of other validly enacted municipal or county ordinances. History. Ga. L. 1980, p. 1723, § 10. CHAPTER 11 E…

A plaintiff in ejectment must recover on the strength of his own title and not on the weakness of the defendant’s title. Where both parties claim under a common grantor, it is not necessary to show title back of such common grantor. History. Civil Code 1895, § 5004; Civil Code 19…

A previous warrantor of the title to the land in dispute may be a codefendant in an action of ejectment, provided he would be answerable in damages in case of eviction. History. Orig. Code 1863, § 3276; Code 1868, § 3288; Code 1873, § 3364; Code 1882, § 3364; Civil Code 1895, § 5…

If a codefendant in any action of ejectment dies after the commencement of the action, the action may proceed against the surviving defendant without making the representative of the deceased codefendant a party. History. Orig. Code 1863, § 3374; Code 1868, § 3393; Code 1873, § 3…

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 …

A judgment in ejectment shall be conclusive as to the title between the parties thereto unless the jury awards the plaintiff less than the fee. History. Orig. Code 1863, § 3275; Code 1868, § 3286; Code 1873, § 3362; Code 1882, § 3362; Civil Code 1895, § 5005; Civil Code 1910, § 5…

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…

The writ of possession shall not issue against third persons who were not known in the action on which such writ of possession is founded nor against third persons who were not put in possession by and do not claim under or by virtue of any conveyance from the defendant in the ac…

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;…

Any joint tenant, tenant in common, or other person having a part interest in lands or tenements may bring an action of ejectment for the recovery of such lands or tenements or an action for damages for injury thereto without joining with him any other person as plaintiff. The ju…

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…

A plaintiff in ejectment may in all cases make the true claimant a defendant by serving a copy of the pending action upon him, and the person so notified shall be bound by the judgment. History. Orig. Code 1863, § 3273; Code 1868, § 3284; Code 1873, § 3360; Code 1882, § 3360; Civi…

A defendant in ejectment may disclaim any claim of title or right of possession. After such disclaimer is filed, such defendant shall not be liable for any future court costs. History. Orig. Code 1863, § 3274; Code 1868, § 3285; Code 1873, § 3361; Code 1882, § 3361; Civil Code 189…

(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 …

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 dim…

(a) In all actions for the recovery of land, the defendant who has a bona fide possession of the land under adverse claim of title may set off the value of all permanent improvements placed on the land in good faith by himself or other bona fide claimants under whom he claims. If t…

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…

The sheriff shall be a competent officer to administer the oath to the person in possession if he desires to tender the counteraffidavit provided for in Code Section 44-11-30. History. Ga. L. 1853-54, p. 52, § 2; Code 1863, § 3980; Code 1868, § 4001; Code 1873, § 4073; Code 1882,…

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 event, the sheriff shall return both affidavits to the office of the…

fa. for costs. If the jury, upon the trial provided for in Code Section 44-11-32, finds for the plaintiff, the clerk of the court shall issue a writ of possession and a fi. fa. for the costs of the proceeding. History. Ga. L. 1853-54, p. 52, § 3; Code 1863, § 3982; Code 1868, § 400…

Application may be made and partition of personal property may be obtained in the same manner and under the same regulations as are prescribed by law for obtaining a partition of lands and tenements. History. Orig. Code 1863, § 3908; Code 1868, § 3938; Code 1873, § 4008; Code 188…

Citizens & S. Bank, 136 Ga. 344, 71 S.E. 469, 1911 Ga. LEXIS 533 (1911). The right to maintain an action for any damage done to property assigned while the property is still in the transferee’s possession is a chose in action under O.C.G.A. § 44-12-20. Benjamin-Ozburn Co. v. Morr…

For every violation of an express or implied contract and for every injury done by another to one’s person or property, the law gives a right to recover and a remedy to enforce it. The right is a chose in action, and the remedy is an action at law. History. Orig. Code 1863, § 222…

v. Daniel & Son, 80 Ga. 74, 4 S.E. 259, 1887 Ga. LEXIS 324 (1887). Architects’ certificate is assignable. Timmons v. Citizens Bank, 11 Ga. App. 69, 74 S.E. 798, 1912 Ga. App. LEXIS 261 (1912). Entry in bank book. — An entry in a bank book is equivalent to a receipt for money and i…

A fund may be assigned in writing. The written acceptance of a draft will be treated as an assignment pro tanto of funds of the drawer in the hands of the acceptor. History. Civil Code 1895, § 3078; Civil Code 1910, § 3654; Code 1933, § 85-1804. History of Section. This Code sect…

Except for those situations governed by Code Sections 11-2-210 and 11-9-406, a right of action is assignable if it involves, directly or indirectly, a right of property. A right of action for personal torts, for legal malpractice, or for injuries arising from fraud to the assigno…

Loans may be either for consumption or for use. A loan for consumption is a loan of an article which is not to be returned in specie, but in kind; this is a sale and not a bailment. History. Orig. Code 1863, § 2103; Code 1868, § 2098; Code 1873, § 2125; Code 1882, 44-12-111 § 212…

A loan for use is the gratuitous grant of an article to another for his use with the expectation that the article will be returned in specie. A loan for use may be made either for a definite time or for an indefinite time and is at the will of the grantor. History. Orig. Code 1863,…

The borrower is usually bound to exercise extraordinary care and diligence and is liable for slight neglect. History. Orig. Code 1863, § 2106; Code 1868, § 2101; Code 1873, § 2128; Code 1882, § 2128; Civil Code 1895, § 2947; Civil Code 1910, § 3519; Code 1933, § 12-504.

A loan is generally entirely for the benefit of the borrower, but sometimes it is for the joint benefit of the lender and the borrower and occasionally it is for the exclusive benefit of the lender. Where the loan is for the joint benefit of the lender and the borrower or is for the …

The borrower acquires no property right in the thing loaned but only the right to possess and use it. The borrower may bring an action for any interference with that right. History. Orig. Code 1863, § 2107; Code 1868, § 2102; Code 1873, § 2129; Code 1882, § 2129; Civil Code 1895,…

If a loan is for the personal benefit and use of the borrower, he cannot transfer the possession of the thing loaned to another without the consent, express or implied, of the lender. If the loan is for a definite time, the borrower has no such interest in the thing loaned as it ma…

The lender may not revoke a loan which is made for a definite time so long as the borrower meets fully his engagements with respect to such loan. A loan at will or a loan made for an indefinite time may be revoked at any time. History. Orig. Code 1863, § 2109; Code 1868, § 2104; Co…

Since a loan is gratuitous, the borrower must pay all necessary charges and expenses in preserving and taking care of the property during the time of the loan. If, however, extraordinary expenses are necessary to protect the property from destruction, the lender must reimburse th…

The increase of loaned property, except property loaned by special contract, belongs to the lender. History. Orig. Code 1863, § 2111; Code 1868, § 2106; Code 1873, § 2133; Code 1882, § 2133; Civil Code 1895, § 2952; Civil Code 1910, § 3524; Code 1933, § 12-509.

The property loaned must be used strictly for the purpose and in the manner contemplated by the parties. A violation by the borrower is a conversion. History. Orig. Code 1863, § 2113; Code 1868, § 2108; Code 1873, § 2135; Code 1882, § 2135; Civil Code 1895, § 2953; Civil Code 191…

As used in this part, the term: (1) “Month” means that period of time from one date in a calendar month to the corresponding date in the following calendar month, but if there is no such corresponding date, then the last day of such following month. (2) “Pawnbroker” means any per…

(a)(1) All pawn transactions shall be for 30 day periods but may be extended or continued for additional 30 day periods. (2) A pawnbroker shall not lease back to the seller or pledgor any motor vehicle during a pawn transaction or during any extension or continuation of the pawn …

Every pawnbroker shall maintain a permanent record book in which shall be entered in legible English at the time of each loan, purchase, or sale: (1) The date of the transaction; (2) The name of the person conducting the transaction; (3) The name, age, and address of the customer…

Entries shall appear in ink and shall be in chronological order. No blank lines may be left between entries. No obliterations, alterations, or erasures may be made. Corrections shall be made by drawing a line of ink through the entry without destroying its legibility. The book sh…

The record of each pawn or purchase transaction provided for in Code Sections 44-12-132 and 44-12-133 shall be maintained for a period of not less than four years. History. Ga. L. 1977, p. 1194, § 5.

Municipal authorities may license pawnbrokers, define their powers and privileges by ordinance, impose taxes upon them, revoke their licenses, and exercise such general supervision as will ensure fair dealing between the pawnbroker and his customers. History. Ga. L. 1868, p. 136, …

to (a) Any pawnbroker and any clerk, agent, or employee of such pawnbroker who shall: (1) Fail to make an entry of any material matter in his permanent record book; (2) Make any false entry therein; (3) Falsify, obliterate, destroy, or remove from his place of business such perma…

(a)(1) Any pawnbroker as defined in paragraph (2) of Code Section 44-12-130 shall include most prominently in any and all types of advertisements the word “pawn” or the words “pawn transaction.” A pawnbroker shall not use the term “loan” in any advertisements or in connection with…

Thompson, 177 Ga. App. 528, 339 S.E.2d 784, 1986 Ga. App. LEXIS 1456 (1986). Purpose of transaction determines existence of bailment. — If the furnishing of an automobile is within what may be said to be a “business” of the owner, one to whom the car is entrusted for such purpose…

As a general rule, the contract of bailment is an entire contract and a full performance is a condition precedent to an action upon it. History. Orig. Code 1863, § 2081; Code 1868, § 2076; Code 1873, § 2102; Code 1882, § 2102; Civil Code 1895, § 2920; Civil Code 1910, § 3493; Cod…