Prescription Involving Unrepresented Estates, Joint Tenancies, or Dismissed Actions

  1. Law
  2. Georgia Code
  3. Property
  4. Acquisition and Loss of Property
  5. Prescription
  6. Prescription Involving Unrepresented Estates, Joint Tenancies, or Dismissed Actions

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  1. Prescription shall not run against an unrepresented estate until representation is had thereon, provided such representation commences within five years.
  2. Prescription shall not run against a joint title which cannot be severally enforced or where any of the joint owners labor under one of the disabilities specified in Code Section 44-5-170.
  3. Prescription shall not run against a party when his action, timely commenced, is involuntarily dismissed or voluntarily dismissed for the first time if he recommences the same within six months.

(Laws 1847, Cobb's 1851 Digest, p. 569; Ga. L. 1855-56, p. 233, §§ 21, 24, 33; Code 1863, § 2647; Code 1868, § 2646; Code 1873, § 2688; Code 1882, § 2688; Civil Code 1895, § 3595; Civil Code 1910, § 4175; Code 1933, § 85-413.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 3 Am. Jur. 2d, Adverse Possession, §§ 96, 109, 110, 149, 171, 201 et seq. 27A Am. Jur. 2d, Equity, § 124 et seq. 51 Am. Jur. 2d, Limitations of Actions, § 222.

C.J.S.

- 2 C.J.S., Adverse Possession, §§ 201, 283, 293.


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