When any person, either by himself, his agent, or his attorney in fact, shall take and subscribe an affidavit in writing before any officer authorized to administer an oath setting forth that he claims, in good faith, the right of possession to the described land or tenement and that such land or tenement is in the hands of another named person who does not in good faith claim a right to such possession and yet refuses to abandon the same, it shall be the duty of the sheriff of the county where the land or tenement is located, upon receiving such affidavit, to exhibit such affidavit to the person described as being in possession of such land or tenement at the earliest possible day and to turn such person out of possession unless the person in possession tenders to the sheriff a counteraffidavit stating that he claims, in good faith, a legal right to the possession of the land or tenement.
(Ga. L. 1853-54, p. 52, § 1; Code 1863, § 3979; Code 1868, § 4000; Code 1873, § 4072; Code 1882, § 4072; Civil Code 1895, § 4808; Civil Code 1910, § 5380; Code 1933, § 105-1501.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 25 Am. Jur. 2d, Ejectment, §§ 1 et seq.
C.J.S.- 28A C.J.S., Ejectment, §§ 1 et seq., 24 et seq.
ALR.
- Rights and remedies of tenant who remains in possession of all or part of the premises against landlord for interfering with his possession or enjoyment, 20 A.L.R. 1369; 28 A.L.R. 1333; 64 A.L.R. 900.
Right to eject customer from store, 33 A.L.R. 421.
Life tenant's right of action for injury or damage to property, 49 A.L.R.2d 1117.
Right of landlord legally entitled to possession to dispossess tenant without legal process, 6 A.L.R.3d 177.