The writ of possession shall not issue against third persons who were not known in the action on which such writ of possession is founded nor against third persons who were not put in possession by and do not claim under or by virtue of any conveyance from the defendant in the action.
(Laws 1811, Cobb's 1851 Digest, p. 511; Code 1863, § 3560; Code 1868, § 3583; Code 1873, § 3638; Code 1882, § 3638; Civil Code 1895, § 5419; Civil Code 1910, § 6024; Code 1933, § 33-121.)
RESEARCH REFERENCES
C.J.S.
- 28A C.J.S., Ejectment, § 131 et seq.
ARTICLE 2 PROCEEDINGS AGAINST INTRUDERS
RESEARCH REFERENCES
ALR.- Punitive damages for wrongful seizure of chattel by one claiming security interest, 35 A.L.R.3d 1016.