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Call Now: 904-383-7448A judgment in ejectment shall be conclusive as to the title between the parties thereto unless the jury awards the plaintiff less than the fee.
(Orig. Code 1863, § 3275; Code 1868, § 3286; Code 1873, § 3362; Code 1882, § 3362; Civil Code 1895, § 5005; Civil Code 1910, § 5583; Code 1933, § 33-119.)
Judgment in ejectment is conclusive where verdict is taken by consent, and will serve to exclude deeds offered by the defendant, which would set up a title independent of the one established in a prior ejectment involving the same lands between privies of the parties. McDowell v. Sutlive, 78 Ga. 142, 2 S.E. 937 (1887).
- O.C.G.A. § 44-11-13 is applicable only where the issue as to the title was actually litigated in the previous suit, but where the merits of the case were not adjudicated, the judgment is not conclusive. Banks v. Sirmans, 218 Ga. 413, 128 S.E.2d 66 (1962).
- A judgment in ejectment for a landlord against a tenant where the landlord relies for recovery upon privity existing between the parties, involving only the right of possession, is not conclusive in later action by the tenant, as the tenant cannot be bound on issues which the tenant could not litigate in the first action. Parker v. Stambaugh, 71 Ga. 735 (1883); Vada Naval Stores Co. v. Sapp, 148 Ga. 677, 98 S.E. 79 (1919).
- O.C.G.A. § 44-11-13 makes the judgment between the same real parties to the title conclusive against those parties, with the single exception that, if the fee was not involved, but a less estate, the claimant of the fee could sue again, though the claimant had been defeated on a trial of an estate less than a fee in the same land. Poore v. Rigsby, 206 Ga. 66, 55 S.E.2d 547 (1949).
- Upon application of O.C.G.A. § 44-11-13 to the facts alleged in the plaintiff's petition, the defendant's demurrer (now motion to dismiss) based upon the ground that the controlling issue in the case was res adjudicata should have been sustained, and the court erred in overruling it. Merritt v. Hutchings, 168 Ga. 734, 148 S.E. 916 (1929).
Generally, cases respecting title to land shall be tried in superior court where land lies. Pearson v. George, 211 Ga. 18, 83 S.E.2d 593 (1954).
Cited in Killen v. Compton, 57 Ga. 63 (1876); Glover v. Stamps, 73 Ga. 209, 54 Am. R. 870 (1884); Lamar v. Knott, 74 Ga. 379 (1884); Downing v. Anderson, 126 Ga. 373, 55 S.E. 184 (1906); Happy Valley Farms, Inc. v. Wilson, 192 Ga. 830, 16 S.E.2d 720 (1941); Bostic v. Nesbitt, 212 Ga. 198, 91 S.E.2d 484 (1956).
- 25 Am. Jur. 2d, Ejectment, § 50.
- 28A C.J.S., Ejectment, § 126 et seq.
No results found for Georgia Code 44-11-13.