O.C.G.A. § 44-11-5 (2019)
Making true claimant a defendant; effect of judgment as to such defendant
A plaintiff in ejectment may in all cases make the true claimant a defendant by serving a copy of the pending action upon him, and the person so notified shall be bound by the judgment.
History
Orig. Code 1863, § 3273; Code 1868, § 3284; Code 1873, § 3360; Code 1882,
§ 3360; Civil Code 1895, § 5001; Civil Code 1910, § 5579; Code 1933, § 33-114.
Annotations
JUDICIAL DECISIONS Right to introduce new defendants, pending action, seems to be without restriction as to residence. Gardner v. Granniss, 57 Ga. 539, 1876 Ga. LEXIS 169 (1876). 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 Ga. LEXIS 159 (1873); Williamson v. Heyser, 74 Ga. 271, 1884 Ga. LEXIS 371 (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 Ga. LEXIS 412 (1874); Bower v. Cohen, 126 Ga. 35, 54 S.E. 918, 1906 Ga. LEXIS 307 (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 Ga. LEXIS 106 (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, 1886 Ga. LEXIS 223 (1886). 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, 1886 Ga. LEXIS 223 (1886). 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 Ga. LEXIS 56 (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
Ga. LEXIS 860 (1902); Hodges v. Stuart Lumber Co., 140 Ga. 569, 13 Ga. App. 419,
79 S.E. 225, 79 S.E. 462, 1913 Ga. App. LEXIS 182 (1913).
RESEARCH REFERENCES Am. Jur. 2d. 25 Am. Jur. 2d, Ejectment, § 27.
C.J.S. 28A C.J.S., Ejectment, § 51 et seq.