Section 6-6-287

Joinder of landlord as party defendant; continuation of action against tenant.

(a) When the land, the subject matter of the action, is in the possession of a tenant, the landlord may be joined with the tenant as a party defendant.

(b) When the action is against a tenant, the landlord must be made a party to the action on motion of the tenant, or upon the landlord's motion to intervene supported by his pleading showing, as a part thereof, that the defendant is his tenant by demise in writing or is in the occupancy of the land sued for with his consent, or of some portion thereof, which should be specified. When it appears to the satisfaction of the court that the landlord is a nonresident, the action shall proceed without delay against the tenant.

(Code 1852, §2205; Code 1867, §2606; Code 1876, §2955; Code 1886, §2700; Code 1896, §1534; Code 1907, §§3840, 3844; Code 1923, §§7454, 7458; Code 1940, T. 7, §§939, 943.)