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O.C.G.A. § 51-10-5 — Right of action for injury to remainder or reversionary interest in personalty; joint action with tenant in possession | Georgia Code
O.C.G.A. § 51-10-5 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 51 TORTS

Section 10. Injuries to Personalty, 51-10-1 through 51-10-6.

ARTICLE 5 ABUSIVE LITIGATION

51-10-5. Right of action for injury to remainder or reversionary interest in personalty; joint action with tenant in possession.

A remainderman or reversioner of personalty may bring an action against a wrongdoer for any injury tending to destroy the existence or ultimate value of the property. In such cases the tenant in possession may bring an action jointly with the remainderman or reversioner for the injury to the entire estate, the recovery being held under like limitations.

(Orig. Code 1863, § 2970; Code 1868, § 2977; Code 1873, § 3031; Code 1882, § 3031; Civil Code 1895, § 3890; Civil Code 1910, § 4487; Code 1933, § 105-1705.)

JUDICIAL DECISIONS

Bailor has cause of action against third person for damage to reversionary interest.

- A bailor has a right of action against a third party for damage to the bailed property resulting in injury to the bailor's rights of general property or reversion. Cincinnati, N.O. & Tex. Pac. Ry. v. Hilley, 121 Ga. App. 196, 173 S.E.2d 242 (1970).

Cited in Johnson v. Lovett, 31 Ga. 187 (1860); Venable v. Everett, 63 Ga. 633 (1879); Sawyer v. Allison, 151 Ga. App. 334, 259 S.E.2d 721 (1979).

RESEARCH REFERENCES

Am. Jur. 2d.

- 51 Am. Jur. 2d, Life Tenants and Remaindermen, § 277.

C.J.S.

- 31 C.J.S., Estates, § 117 et seq.

ALR.

- Right of reversioner or remainderman to maintain action or suit in respect of easement, 138 A.L.R. 1006.

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This Georgia Code resource is curated by an Orange Park personal injury and workers' comp lawyer, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. Attorney Syfert regularly works with Title 51 in the context of Georgia personal injury and tort claims and represents clients throughout Northeast Florida and South Georgia. For legal consultation, call 904-383-7448.