Legal Opinion · Concurrence

Cox v. Zucker

Supreme Court of Georgia

Decided March 7, 1958No. 19969Published

1ConcurrenceHead, Justice

A tenant in common may maintain an action in ejectment for the recovery of land, or for damages, without joining the cotenants, but the judgment shall not affect cotenants who are not parties. Code § 33-103.' A tenant in common may enjoin recurring trespasses without joining his cotenants. Camp v. Garbutt Lumber Co., 129 Ga. 411 (58 S. E. 870).

In the present case the intervention of Mrs. Robertson was duly allowed (without objection), and she became a party plaintiff. The common-law rule, that all plaintiffs must recover or none can, does not prevail in an equitable action pertaining to land.…

2Cases cited11 opinions

  1. Smith v. ManningSupreme Court of Georgia · 1923
  2. Happy Valley Farms Inc. v. WilsonSupreme Court of Georgia · 1941
  3. Bigham v. KistlerSupreme Court of Georgia · 1901
  4. Ivey v. CowartSupreme Court of Georgia · 1905
  5. Manning v. WillsSupreme Court of Georgia · 1941

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API