Action against one of several possessors holding independently of one another.

- Where an action for land is brought against one of several persons in possession, holding independently of each other, and it appears that neither claims under the other, the judgment, as a rule, will bind only the one who is a defendant in the action, and the others, not being parties, cannot be expelled, even though the action, the judgment, and the writ embrace the whole of the premises, and treat the defendant in the action as sole occupant. Injunction will lie to prevent its execution. Bethune v. Wilkins, 8 Ga. 118 (1850); Stokes v. Morrow, 54 Ga. 597 (1875); Jefferson v. Hartley, 81 Ga. 716, 9 S.E. 174 (1889); McSwain v. Ricketson, 129 Ga. 176, 58 S.E. 655 (1907); Browning v. Guest, 147 Ga. 400, 94 S.E. 234 (1917).

Sheriff liable for removing person not named in writ.

- If the sheriff, in executing a writ of possession, removes from the premises any person not mentioned in the writ and not within its legal operation according to O.C.G.A. § 44-11-15, such removal amounts to official misconduct, and the sheriff is thereby subject to liability both personally and as regards the sheriff's sureties. Jefferson v. Hartley, 81 Ga. 716, 9 S.E. 174 (1889).

Cited in Bowdoin v. Malone, 287 F.2d 282 (5th Cir. 1961); Northern Freight Lines v. Fireman's Fund Ins. Cos., 121 Ga. App. 786, 175 S.E.2d 104 (1970); Hurt v. Norwest Mortg., Inc., 260 Ga. App. 651, 580 S.E.2d 580 (2003).

C.J.S.

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