O.C.G.A. § 44-11-14 (2019)
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.
History
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.
Annotations
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 Ga. LEXIS 357 (1895); Hollywood Cem. Corp. v. Hudson, 133 Ga. 271, 65 S.E. 777, 1909 Ga. LEXIS 208 (1909); Williams v. Perry, 136 Ga. 453, 71 S.E. 886, 1911 Ga. LEXIS 103 (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 Ga. LEXIS 357 (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 posses-
sion should be issued. Hicks v. Brinson, 100 Ga. 595, 28 S.E. 380, 1897 Ga. LEXIS 109 (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 Ga. LEXIS 109 (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 Ga. LEXIS 829 (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 Ga. LEXIS 141 (1910).
RESEARCH REFERENCES C.J.S. 28A C.J.S., Ejectment, § 131 et seq.