True claimant need only be joined to be held for mesne profits.

- The only necessity for making the true claimant a party in the manner provided by O.C.G.A. § 44-11-5 is to hold that claimant for the mesne profits. Roe v. Doe, 47 Ga. 540 (1873); Williamson v. Heyser, 74 Ga. 271 (1884).

Landlord may defend in ejectment.

- A landlord, including all persons claiming title consistent with the persons sued as tenants in possession, may appear and defend in an action of ejectment. Rodgers v. Bell, 53 Ga. 94 (1874); Bower v. Cohen, 126 Ga. 35, 54 S.E. 918 (1906).

Unless title acquired after action brought.

- A landlord may not appear and defend if the landlord acquired title subsequent to the time the action was brought. Roe v. Doe, 36 Ga. 611 (1867).

Substitution of landlord for tenant upon tenant's death.

- In a statutory action against a tenant to recover realty and mesne profits, the landlord can be substituted as defendant by serving the landlord with a copy of the writ, after the death of the plaintiff and the original defendant, without joining the representatives of the deceased tenant. Blalock v. Newhill, 78 Ga. 245, 1 S.E. 383 (1887).

Cestui que trust can be substituted as plaintiffs when trustee dies, pending an action in the statutory form to recover real estate and mesne profits. Blalock v. Newhill, 78 Ga. 245, 1 S.E. 383 (1887).

Defendant not bound by judgment when not made a party.

- A judgment in a former action for land in which the defendant was not a party and was not notified or made a party under O.C.G.A. § 44-11-5, is not admissible in evidence against the defendant in a later action for the land. Harrison v. Hester, 163 Ga. 250, 135 S.E. 845 (1926).

Where defendant disclaims title and possession, owner or landowner not bound if not party.

- When in an action for land, the defendant disclaims both title and right of possession, and a judgment thereupon is rendered against defendant in favor of the plaintiff, the same does not bind or conclude the true owner or landlord as to title, when the latter is neither a party to the action nor had any notice of the action. Sanford v. Tanner, 114 Ga. 1005, 41 S.E. 668 (1902); Hodges v. Stuart Lumber Co., 140 Ga. 567, 79 S.E. 462 (1913).

Cited in Ramey v. O'Byrne, 121 Ga. 516, 49 S.E. 595 (1904); Bowdoin v. Malone, 287 F.2d 282 (5th Cir. 1961).

Am. Jur. 2d.

- 25 Am. Jur. 2d, Ejectment, § 27.

C.J.S.

- 28A C.J.S., Ejectment, § 51 et seq.