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2018 Georgia Code 15-16-18 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-16-18 Case Law from Google Scholar Amendments to OCGA 15-16-18

TITLE 15 COURTS

Section 16. Sheriffs, 15-16-1 through 15-16-59.

ARTICLE 1 GENERAL PROVISIONS

15-16-18. Purchase at own sale not permitted.

No sheriff or deputy or other officer discharging a similar duty shall be permitted to purchase any property whatever at his own sale, either upon his own bid or upon the bid of any other person for him, directly or indirectly. All such sales and deeds in pursuance thereto, intended to vest in such officer the title to the property so purchased, shall be null and void.

(Laws 1850, Cobb's 1851 Digest, p. 581; Code 1863, § 338; Code 1868, § 399; Code 1873, § 364; Code 1882, § 364; Ga. L. 1884-85, p. 472, § 9; Ga. L. 1890-91, p. 96, § 2; Civil Code 1895, § 4384; Civil Code 1910, § 4918; Code 1933, § 24-2821.)

JUDICIAL DECISIONS

Agent of seller cannot become purchaser.

- Former Civil Code 1895, § 4384 (see now O.C.G.A. § 15-16-18) was based on former Civil Code 1895, § 3010 (see now O.C.G.A. § 10-6-24), which provided that an agent of the seller cannot become the purchaser. Harrison v. McHenry, 9 Ga. 164, 52 Am. Dec. 435 (1850); Coleman v. Malcolm, 101 Ga. 303, 28 S.E. 861 (1897).

Crier appointed by sheriff cannot purchase at sale.

- Sheriff may appoint a "crier" to conduct the sale for the sheriff, but the crier too comes under the rule and cannot purchase at the sale. Giles v. Bank of S.W. Ga., 102 Ga. 702, 29 S.E. 600 (1897); Associates Fin. Servs. Co. v. Johnson, 128 Ga. App. 712, 197 S.E.2d 764 (1973).

This section applies to receivers, who, like sheriffs and their deputies, make sales under the authority of some order or judgment of the court. Associates Fin. Servs. Co. v. Johnson, 128 Ga. App. 712, 197 S.E.2d 764 (1973).

Bids or purchases by deputy sheriff improper and void.

- It is improper for a deputy sheriff to bid upon property at a sale conducted by the office to which the deputy is attached as deputy, and a purchase by the deputy at such a sale, either directly or through a sham transaction, is void. Associates Fin. Servs. Co. v. Johnson, 128 Ga. App. 712, 197 S.E.2d 764 (1973).

Cited in Mayor of Macon v. Huff, 60 Ga. 221 (1878).

RESEARCH REFERENCES

Am. Jur. 2d.

- 47 Am. Jur. 2d, Judicial Sales, §§ 90, 91.

C.J.S.

- 80 C.J.S., Sheriffs and Constables, § 83.

ALR.

- Steps to be taken by officer before resale upon default of purchaser at judicial or execution sale, 24 A.L.R. 1330.

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