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2018 Georgia Code 44-11-8 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 44-11-8 Case Law from Google Scholar Amendments to OCGA 44-11-8

TITLE 44 PROPERTY

Section 11. Ejectment and Proceedings Against Intruders, 44-11-1 through 44-11-33.

ARTICLE 1 EJECTMENT

44-11-8. Setoff of value of improvements against mesne profits by trespasser.

A trespasser may not set off improvements in an action brought for mesne profits except when the value of the premises has been increased by the repairs or improvements which have been made. In that case, the jury may take into consideration the improvements or repairs and may diminish the profits by that amount but not below the sum which the premises would have been worth without such improvements or repairs.

(Orig. Code 1863, § 3397; Code 1868, § 3416; Code 1873, § 3468; Code 1882, § 3468; Civil Code 1895, § 5087; Civil Code 1910, § 5671; Code 1933, § 33-106.)

JUDICIAL DECISIONS

O.C.G.A. § 44-11-8 does not allow an excess recovery by trespasser who sued for mesne profits, and hence states a different rule than O.C.G.A. § 44-11-9, regulating the set off of improvements by one who took possession bona fide. Beverly v. Burke, 9 Ga. 440, 54 Am. Dec. 351 (1851); Dean v. Feely, 69 Ga. 804 (1883); Dudley v. Johnson, 102 Ga. 1, 29 S.E. 50 (1897); Moate v. Rives, 146 Ga. 425, 91 S.E. 420 (1917).

O.C.G.A. § 44-11-8 inapplicable to equitable proceeding for accounting and partition. Smith v. Smith, 141 Ga. 629, 81 S.E. 895 (1914).

Basis for setoff amount.

- The increased value of the premises is the subject matter of setoff, and not the actual value of the improvements. Roe v. Doe, 39 Ga. 328, 99 Am. Dec. 459 (1869).

Setoff of improvements made by spouse.

- The husband of a legatee and life tenant may not setoff the value of improvements made by his wife, when he is sued by another legatee. Burns v. Richardson, 145 Ga. 430, 89 S.E. 418 (1916).

Cited in Harper v. Durden, 177 Ga. 216, 170 S.E. 45 (1933); Shellnut v. Shellnut, 188 Ga. 306, 3 S.E.2d 900 (1939); Jones v. Federal Land Bank, 189 Ga. 419, 6 S.E.2d 52 (1939); Courtesy Leasing, Inc. v. Christian, 266 Ga. 187, 465 S.E.2d 443 (1996).

RESEARCH REFERENCES

Am. Jur. 2d.

- 25 Am. Jur. 2d, Ejectment, § 57.

14 Am. Jur. Pleading and Practice Forms, Improvements, § 2.

Cases Citing Georgia Code 44-11-8 From Courtlistener.com

Total Results: 1

COURTESY LEASING, INC. v. Christian

Court: Supreme Court of Georgia | Date Filed: 1996-01-22

Citation: 465 S.E.2d 443, 266 Ga. 187, 96 Fulton County D. Rep. 355, 1996 Ga. LEXIS 29

Snippet: of the sign is in dispute. See OCGA §§ 44-11-7; 44-11-8; 44-11-9. We cannot say that, in ordering appellants