Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 44-11-14 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 44-11-14 Case Law from Google Scholar Amendments to OCGA 44-11-14

TITLE 44 PROPERTY

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

ARTICLE 1 EJECTMENT

44-11-14. Issuance of writ of possession; levy and sale clause.

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 property all sums of money awarded to the plaintiff in ejectment as mesne profits and costs.

(Orig. Code 1863, § 3559; Code 1868, § 3582; Code 1873, § 3637; Code 1882, § 3637; Civil Code 1895, § 5418; Civil Code 1910, § 6023; Code 1933, § 33-120.)

JUDICIAL DECISIONS

Writ must describe land exactly.

- In an action to recover land, the plaintiff in the petition must describe land with such certainty that the sheriff can deliver possession to plaintiff in accordance with writ, if the decision be in plaintiff's favor. Harwell v. Foster, 97 Ga. 264, 22 S.E. 994 (1895); Hollywood Cem. Corp. v. Hudson, 133 Ga. 271, 65 S.E. 777 (1909); Williams v. Perry, 136 Ga. 453, 71 S.E. 886 (1911).

No writ if plaintiff does not describe exact tract claimed.

- If the plaintiff sues for a certain number of acres embraced in a larger tract, but only describes the larger tract, such petition is too indefinite to be made the basis of a recovery. Harwell v. Foster, 97 Ga. 264, 22 S.E. 994 (1895).

If verdict too vague for sheriff to find land.

- If the verdict is intended to find for the plaintiff only a portion of the premises sued for, but that verdict is so vague in description that the sheriff cannot ascertain and locate with certainty what land is involved, no writ of possession should be issued. Hicks v. Brinson, 100 Ga. 595, 28 S.E. 380 (1897).

Injunction if verdict vague.

- An injunction to enjoin the execution of a writ may be had in a proper case, as when the jury verdict is too vague to permit proper execution and removal of part of a brick wall would destroy the building to which it was attached. Hicks v. Brinson, 100 Ga. 595, 28 S.E. 380 (1897).

Injunction cannot protect mortgagor indefinitely from claim against home.

- It is proper to protect homestead against an execution of a writ favoring a mortgagee, but a verdict which restrains enforcement of writ after termination of homestead and which perpetually enjoins the mortgagee from dispossessing the mortgagor is too broad. American Freehold Land Mtg. Co. v. Walker, 119 Ga. 341, 46 S.E. 426 (1904).

Owner of an undivided interest will be put in possession as tenant in common. Burney v. Arnold, 134 Ga. 141, 67 S.E. 712 (1910).

Cited in Bowdoin v. Malone, 287 F.2d 282 (5th Cir. 1961).

RESEARCH REFERENCES

C.J.S.

- 28A C.J.S., Ejectment, § 131 et seq.

No results found for Georgia Code 44-11-14.