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2018 Georgia Code 44-11-10 | Car Wreck Lawyer

TITLE 44 PROPERTY

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

ARTICLE 1 EJECTMENT

44-11-10. When previous warrantor may be codefendant.

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.

(Orig. Code 1863, § 3276; Code 1868, § 3288; Code 1873, § 3364; Code 1882, § 3364; Civil Code 1895, § 5006; Civil Code 1910, § 5584; Code 1933, § 33-115.)

JUDICIAL DECISIONS

Warrantor defending action bound by subsequent judgment on warranty.

- Where the warrantor having been notified of an action, conducted the defense of it under O.C.G.A. § 44-11-10, the warrantor is bound by the judgment rendered in a subsequent action on the warranty. Lord v. Cannon, 75 Ga. 300 (1885).

Cited in Redwine v. Brown, 10 Ga. 311 (1851); Roe v. Doe, 47 Ga. 540 (1873); Bowdoin v. Malone, 287 F.2d 282 (5th Cir. 1961).

RESEARCH REFERENCES

C.J.S.

- 28A C.J.S., Ejectment, § 51 et seq.

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