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Call Now: 904-383-7448The tenant at will is entitled to his emblements if the crop is sowed or planted before the landlord gives him notice of termination of the tenancy, if the tenancy is terminated by the judicial sale of the estate by the landlord or by death of the landlord or tenant, or if for any other cause the tenancy is suddenly terminated.
(Orig. Code 1863, § 2273; Code 1868, § 2266; Code 1873, § 2292; Code 1882, § 2292; Civil Code 1895, § 3134; Civil Code 1910, § 3710; Code 1933, § 61-106.)
- Tenant is entitled to the tenant's emblements, if any, as provided by this statute. Western Union Tel. Co. v. Fain & Parrott, 52 Ga. 18 (1874); Chappell v. Boyd, 56 Ga. 578 (1876) ??? (see O.C.G.A. § 44-7-8).
- Tenant at will or tenant's legal representative are entitled to the emblements, whether tenancy is terminated by notice or by death of tenant. Morgan v. Morgan, 65 Ga. 493 (1880).
Doctrine of emblements does not arise when tenancy is not one at will, but is instead for a definite period. Knighton v. Gary, 163 Ga. App. 394, 295 S.E.2d 138 (1982).
- Purchaser at an execution sale acquires the title of the owner, and when it is rented to a tenant, though the rental contract was made subsequent to the judgment, the purchaser acquires only the interests of the owner. If the purchaser converts matured crop to the purchaser's own use, the tenant may recover the value in trover. Blitch v. Lee, 115 Ga. 112, 41 S.E. 275 (1902); Garrison v. Parker, 117 Ga. 537, 43 S.E. 849 (1903).
- Trial court correctly disallowed evidence of emblements or emoluments in a dispossessory action after the defendant failed to assert any such claim in the defendant's answer or as a counterclaim, to proffer evidence of details of the alleged specific improvements that might be the basis for such a claim, or to proffer evidence as to an agreement between the parties for reimbursement of the cost of any improvements. Gentry v. Chateau Properties, 236 Ga. App. 371, 511 S.E.2d 892 (1999).
Cited in Bristol Sav. Bank v. Nixon, 169 Ga. 282, 150 S.E. 148 (1929).
- 49 Am. Jur. 2d, Landlord and Tenant, § 69 et seq.
- 51C C.J.S., Landlord and Tenant, § 156.
- Duty and liability of farm tenant in respect to livestock leased with farm, 32 A.L.R. 857.
Rights, as between landlord and tenant, in respect of crops unharvested at expiration of tenancy (doctrine of emblements), 141 A.L.R. 1240.
Deed or lease of real property as affecting rights and remedies available against tenant at will or by sufferance, 151 A.L.R. 369.
Rights of lessee to minerals extracted during the lease but remaining on the premises after its termination, 51 A.L.R.2d 1121.
No results found for Georgia Code 44-7-8.