Official Code of Georgia Annotated

Title 44. PROPERTY · Chapter 11. EJECTMENT AND PROCEEDINGS AGAINST INTRUDERS · Article 1. EJECTMENT

44-11-1. Requirement that plaintiff recover on strength of own title; effect of common grantor on proof of title.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

A plaintiff in ejectment must recover on the strength of his own title and not on the weakness of the defendant’s title. Where both parties claim under a common grantor, it is not necessary to show title back of such common grantor.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Civil Code 1895, § 5004; Civil Code 1910, § 5582; Code 1933, § 33-101.

Law reviews

For comment on Brooks v. Williams, 227 Ga. 59, 178 S.E.2d 880 (1970), see 23 Mercer L. Rev. 399 (1972). For article discussing origin and construction of Georgia provision concerning ejectment, see 14 Ga. L. Rev. 239 (1980).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t44-ch8-15-(v32)-2022-pdf.pdf, Volume V32, 2022 edition, page 131; merge action: carried; file SHA-256 02e72213893a.

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