Accounting between cotenants for unequal share of rents or profits; priority of claim over certain liens
Applied in 1 court decision — leading case Therrell v. Georgia Marble Holdings Corp. (1992)
Most recently applied in Therrell v. Georgia Marble Holdings Corp. (May 1992)
of Code section. — This Code section is derived from the decisions in Shiels v
If one tenant in common receives more than his share of the rents and profits, he shall be liable therefor as the agent or bailee of the other cotenant. The claim for such indebtedness shall be superior to liens held by third persons which have been placed on the interest of the cotenant by the
tenant in possession who received the unequal share of the rents and profits. (Civil Code 1895, § 3147; Civil Code 1910, § 3727; Code 1933,
§ 85-1004.)
Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.