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Call Now: 904-383-7448No 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.)
- 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).
- 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).
- 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).
- 47 Am. Jur. 2d, Judicial Sales, §§ 90, 91.
- 80 C.J.S., Sheriffs and Constables, § 83.
- Steps to be taken by officer before resale upon default of purchaser at judicial or execution sale, 24 A.L.R. 1330.
Total Results: 9
Court: Supreme Court of Georgia | Date Filed: 2022-02-15
Snippet: possibility of parole plus 70 years on Counts 9, 12, 15, 16, 18, 20, and 21, with the remaining counts being
Court: Supreme Court of Georgia | Date Filed: 2011-05-31
Citation: 710 S.E.2d 540, 289 Ga. 220, 2011 Fulton County D. Rep. 1605, 2011 Ga. LEXIS 436
Snippet: 14-20, 2007, and found guilty of Counts 3, 4, 5, 15, 16, 18, and 19; Counts 1 and 2 were not presented to
Court: Supreme Court of Georgia | Date Filed: 1976-07-09
Citation: 227 S.E.2d 750, 237 Ga. 307, 1976 Ga. LEXIS 1474
Snippet: merit. 3. Enumerations 5, 6, 7, 8,10, 12,13, 14,15,16, 18, 19, 20, 24, 25, 30, and 32 were not argued on
Court: Supreme Court of Georgia | Date Filed: 1976-04-06
Citation: 225 S.E.2d 224, 236 Ga. 707, 1976 Ga. LEXIS 998
Snippet: inquiries. 3. Enumerations of error 7, 13, 14, 15, 16, 18, 19 and 23 claim error in the court's pre-trial
Court: Supreme Court of Georgia | Date Filed: 1967-10-09
Citation: 157 S.E.2d 471, 223 Ga. 677, 1967 Ga. LEXIS 659
Snippet: error are enumerated. Assignments 1 through 5, 15, 16, 18, and 19 relate to the introduction in evidence
Court: Supreme Court of Georgia | Date Filed: 1943-05-08
Citation: 25 S.E.2d 778, 196 Ga. 52, 1943 Ga. LEXIS 305
Snippet: the people, and not by appointment. (§§ 2, 13, 15, 16, 18, 19.) And that that election should, for the
Court: Supreme Court of Georgia | Date Filed: 1942-02-13
Citation: 193 Ga. 640
Snippet: only as to the other eight, to wit, grounds 14, 15, 16, 18, 19, 21, 22, 23, do we deem discussion or more
Court: Supreme Court of Georgia | Date Filed: 1942-02-13
Citation: 19 S.E.2d 385, 193 Ga. 640, 1942 Ga. LEXIS 445
Snippet: only as to the other eight, to wit, grounds 14, 15, 16, 18, 19, 21, 22, 23, do we deem discussion or more
Court: Supreme Court of Georgia | Date Filed: 1938-06-22
Citation: 186 Ga. 345, 198 S.E. 535, 1938 Ga. LEXIS 638
Snippet: (5)'It contains matter in sections 9-A, 14, 15, 16, 18, 20, 21, 24, 26, 27, 28, 29, and 30, prescribing