Defendant can plead not guilty or file disclaimer.

- The defendant in ejectment may at the first term file a disclaimer of title or of possession, after which defendant will not be liable for future costs, or, among others, defendant may file a plea of not guilty. Elliott v. Robinson, 192 Ga. 682, 16 S.E.2d 433 (1941).

Limits on liability after disclaimer.

- Where one of defendants in ejectment asserts no interest in the land, nor any claim against any of the plaintiffs, and having disclaimed any claim of title or right of possession, defendant could not be liable for any future costs, and in the event of another trial, defendant's only liability would be the possibility of a judgment against defendant for mesne profits. Reese v. Baker, 197 Ga. 265, 29 S.E.2d 412 (1944).

Disclaimer does not dismiss action.

- A defendant on filing a disclaimer, is not entitled to have the action dismissed as to that defendant; as the plaintiff may prove that plaintiff was in actual possession, and then take a verdict on the disclaimer of title. Killen v. Compton, 60 Ga. 116 (1878).

Disclaimer, unless withdrawn, is conclusive. Shingler v. Bailey, 135 Ga. 666, 70 S.E. 563 (1911).

Defendant's plea for set off and plaintiff's recovery limited to land described in demises.

- Where a not guilty plea is filed in an ejectment action, and is amended by a plea seeking to set off the value of permanent improvements placed on the land by defendant against mesne profits and to impress a lien upon the land for any balance, the issues thus raised are restricted to the land described in the demises. If the plaintiff prevails, the sheriff will put plaintiff in possession of only the land so described. Even if the defendant might be in possession of other land, and makes permanent improvements on such land, those facts are outside the issues made by the pleadings, and wholly irrelevant to the case. Elliott v. Robinson, 192 Ga. 682, 16 S.E.2d 433 (1941).

Am. Jur. 2d.

- 25 Am. Jur. 2d, Ejectment, § 37.

C.J.S.

- 28A C.J.S., Ejectment, § 66.