Section 11-19-5 - Who may be made defendants

If the premises for which the action is brought be actually occupied by any person, such actual occupant shall be made a defendant in the suit; and all other persons claiming title or interest to or in the same may also, in all cases, be joined as defendants. If the premises be not occupied, the action shall be brought against some person exercising acts of ownership over the premises claimed, or claiming title thereto or some interest therein at the commencement of the suit.Codes, 1892, § 1628; 1906, § 1803; Hemingway's 1917, § 1436; 1930, § 1429; 1942, § 780.