O.C.G.A. § 44-11-3 (2019)
Right of joint owner to bring an action alone; effect of judgment
Any joint tenant, tenant in common, or other person having a part interest in lands or tenements may bring an action of ejectment for the recovery of such lands or tenements or an action for damages for injury thereto without joining with him any other person as plaintiff. The judgment in such a case shall not affect the rights of those interested in such lands or tenements who are not parties to the action.
History
Ga. L. 1855-56, p. 227, § 1; Code 1863, § 3271; Code 1868, § 3282; Code 1873,
§ 3358; Code 1882, § 3358; Civil Code 1895, § 4999; Civil Code 1910, § 5577; Code 1933, § 33-103.
Annotations
JUDICIAL DECISIONS Section limits recovery in separate action by tenant in common. - O.C.G.A. § 44-11-3, which is an application of O.C.G.A. § 9-2-23 permitting tenants in common to sue severally, limits the amount of recovery. Sanford v. Sanford, 58 Ga. 259, 1877 Ga. LEXIS 73 (1877); Wilson v. Chandler, 60 Ga. 129, 1878 Ga. LEXIS 396 (1878). Remedy against cotenant for taking disproportionate profits or committing waste. - A tenant in common can recover in equity the tenant’s interest in property when a cotenant has taken more than that tenant’s share of the profits or has committed waste, but the rem-
edy is partition, not ouster of tenant in common from the property. Thompson v. Sanders, 113 Ga. 1024, 39 S.E. 419, 1901 Ga. LEXIS 465 (1901). Joint tenant may not sue another joint tenant absent disclaimer of title. Lawton v. Adams, 29 Ga. 273, 1859 Ga. LEXIS 326 (1859). One tenant in common may alone enjoin cutting of timber. - A tenant in common or other person having part interest in land may enjoin the cutting of timber by third parties without joining the other tenants as plaintiffs. Camp v. Garbutt Lumber Co., 129 Ga. 411, 58 S.E. 870, 1907 Ga. LEXIS 390 (1907); Harrell
v. Rose Bros. & Co., 157 Ga. 640, 122 S.E. 240, 1924 Ga. LEXIS 218 (1924). Possession at time of death supports administrator’s claim for land and mesne profit. - If a person dies while in possession of land under a bona fide claim of right thereto, such possession at the time of death is prima facie evidence of title in the deceased that will
support an action of complaint for land and mesne profit instituted by the administrator of such deceased person against a third person, who after the death of the intestate entered possession adversely and not under a better title. Segars v. Crump, 177 Ga. 665, 170 S.E. 785, 1933 Ga. LEXIS 385 (1933).
RESEARCH REFERENCES Am. Jur. 2d. 25 Am. Jur. 2d, Ejectment, § 26.
C.J.S. 28 C.J.S., Ejectment, § 50.