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2018 Georgia Code 44-11-12 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 44-11-12 Case Law from Google Scholar Amendments to OCGA 44-11-12

TITLE 44 PROPERTY

Section 11. Ejectment and Proceedings Against Intruders, 44-11-1 through 44-11-33.

ARTICLE 1 EJECTMENT

44-11-12. Annexation of title abstract to petition.

The plaintiff shall attach an abstract of the title relied on for recovery to the petition for the recovery of land and mesne profits.

(Ga. L. 1860, p. 43, § 1; Code 1863, § 3312; Code 1868, § 3324; Code 1873, § 3401; Code 1882, § 3401; Civil Code 1895, § 5002; Civil Code 1910, § 5580; Code 1933, § 33-117.)

JUDICIAL DECISIONS

Section requires abstract of title in addition to notice.

- O.C.G.A. § 44-11-12 requires the annexation of an abstract of the title relied on for recovery in addition to notice of the title. Minor v. Sullivan, 220 Ga. 793, 141 S.E.2d 910 (1965).

Object of the abstract is not to show title in the plaintiff on the face of the pleadings, but only to give notice of what is relied upon at the trial. Yonn v. Pittman, 82 Ga. 637, 9 S.E. 667 (1889); Callahan v. Beeland, 170 Ga. 760, 154 S.E. 226 (1930); Segars v. Crump, 177 Ga. 665, 170 S.E. 785 (1933).

Petition may state that plaintiff "claims title" under abstract.

- Where the petition departs from the statutory form and alleges that the plaintiff "claims title" under an abstract of title annexed to the petition, this is equivalent to an allegation that the plaintiff's title is as defined in the abstract. Dugas v. Hammond, 130 Ga. 87, 60 S.E. 268 (1908).

No dismissal although inadmissible affidavit added to abstract.

- Inclusion of an ex parte affidavit of possession in the abstract of title attached to the petition, did not make the petition subject to demurrer (now motion to dismiss) merely because the affidavit would not be admissible in evidence. Palmer v. Mann, 206 Ga. 144, 56 S.E.2d 467 (1949).

Declaration in ejectment is amendable by adding abstract, which is a necessary part of the declaration. Camp v. Smith, 61 Ga. 449 (1878); Carter v. Greer, 72 Ga. 897 (1884); Oellrich v. Georgia R.R., 73 Ga. 389 (1884).

Abstract unnecessary in common-law ejection.

- O.C.G.A. § 44-11-12's requirement that an abstract of title be attached to the petition applies only to actions for recovery of land and mesne profits, not actions of ejectment brought in the common-law form. Georgia Iron & Coal Co. v. Allison, 116 Ga. 444, 42 S.E. 794 (1902).

Abstract unnecessary in injunctions against trespass.

- The requirement that a plaintiff attach to the petition, an abstract of the title plaintiff relies on, does not apply to a plaintiff suing in equity to enjoin a trespass, such as cutting timber; such action is not an action to recover land. Fletcher v. Fletcher, 123 Ga. 326, 51 S.E. 418 (1905).

Abstract unnecessary in petitions to reform deed.

- A plaintiff who petitions in equity to reform a deed which the defendant had fraudulently altered, need not attach to the petition an abstract of the title relied on, in order to recover land and mesne profits. Prater v. Bennett, 98 Ga. 413, 25 S.E. 510 (1896).

Cited in Callahan v. Beeland, 170 Ga. 760, 154 S.E. 226 (1930); Allgood Farm, LLC v. Johnson, 275 Ga. 297, 565 S.E.2d 471 (2002); Newcomer v. Newcomer, 278 Ga. 776, 606 S.E.2d 238 (2004).

RESEARCH REFERENCES

Am. Jur. 2d.

- 25 Am. Jur. 2d, Ejectment, § 34.

C.J.S.

- 28A C.J.S., Ejectment, § 61.

Cases Citing O.C.G.A. § 44-11-12

Total Results: 2  |  Sort by: Relevance  |  Newest First

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Allgood Farm, LLC v. Johnson, 565 S.E.2d 471 (Ga. 2002).

Cited 7 times | Published | Supreme Court of Georgia | Jun 25, 2002 | 275 Ga. 297, 2002 Fulton County D. Rep. 1996, 158 Oil & Gas Rep. 227

...Compare Guess v. Morgan, supra in which there was no evidence of title in one of the plaintiffs. 4. Allgood Farm next contends that the trial court based its decision on inadmissible evidence in that plaintiffs failed to attach the "abstract of title," see OCGA § 44-11-12, [8] in legible form, that copies of the deeds attached to plaintiffs' petition were not certified at the time the motion for summary judgment was filed, and that certain other documents, including "non-specific" tax information, were not certified....
...to work the mineral rights nor paid any taxes due on them for a period of seven years since the date of the conveyance and for seven years immediately preceding the filing of the petition provided for in subsection (b) of this Code section. [8] OCGA § 44-11-12 provides: The plaintiff shall attach an abstract of the title relied on for recovery to the petition for the recovery of land and mesne profits....
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Newcomer v. Newcomer, 606 S.E.2d 238 (Ga. 2004).

Cited 3 times | Published | Supreme Court of Georgia | Nov 22, 2004 | 278 Ga. 776, 2004 Fulton County D. Rep. 3742

...The trial court correctly applied *240 this rule; Newcomer, III did not allege to be in possession of the property. Therefore, the requested equitable intervention was not available. Nor did Newcomer, III properly pursue an ejectment action at law. OCGA § 44-11-12 requires a plaintiff to attach a title abstract to the complaint....