If the party in possession submits a counteraffidavit as provided in Code Section 44-11-30, the sheriff shall not turn him out of possession but shall leave both parties in their respective positions. In such an event, the sheriff shall return both affidavits to the office of the clerk of the superior court of the county in which the land is located for a trial of the issue before a jury in accordance with the laws of this state.
(Ga. L. 1853-54, p. 52, § 3; Code 1863, § 3981; Code 1868, § 4002; Code 1873, § 4074; Code 1882, § 4074; Civil Code 1895, § 4810; Civil Code 1910, § 5382; Code 1933, § 105-1503.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 25 Am. Jur. 2d, Ejectment, §§ 75 et seq., 44 et seq.
C.J.S.- 28A C.J.S., Ejectment, § 111 et seq.