Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 23-4-35 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 23-4-35 Case Law from Google Scholar Amendments to OCGA 23-4-35

TITLE 23 EQUITY

Section 4. Equity Procedure, 23-4-1 through 23-4-38.

ARTICLE 3 DECREES

23-4-35. Confirmation of sales under decrees.

Sales under decrees in equity shall be subject to confirmation by the judge, who has a large discretion vested in him in reference thereto. Such sales shall not be consummated until confirmed by him.

(Civil Code 1895, § 4856; Civil Code 1910, § 5429; Code 1933, § 37-1206.)

History of section.

- This section is derived from the decisions in Walter v. Hargrove, 61 Ga. 267 (1878) and Holmes v. Harris, 70 Ga. 309 (1883).

Law reviews.

- For survey article on business associations, see 34 Mercer L. Rev. 13 (1982). For article, "Buying Distressed Commercial Real Estate: What are the Alternatives?," see 16 (No. 4) Ga. St. B.J. 18 (2010).

JUDICIAL DECISIONS

General Consideration

Cited in Wingfield v. Bennett, 36 Ga. App. 27, 134 S.E. 840 (1926); Dockery v. Parks, 117 Ga. App. 589, 161 S.E.2d 406 (1968); Dockery v. Parks, 224 Ga. 369, 162 S.E.2d 332 (1968); Brannon v. Simpson, 244 Ga. 58, 257 S.E.2d 541 (1979); Leggett v. Ogden, 248 Ga. 403, 284 S.E.2d 1 (1981); Pack v. Mahan, 294 Ga. 496, 755 S.E.2d 126 (2014).

Confirmation Generally

Judgment rendered upon a jury verdict finding a sale valid is sufficient confirmation to meet the requirements of this section. Palmour v. Roper, 119 Ga. 10, 45 S.E. 790 (1903).

Judicial Discretion

Judge vested with discretion as to confirmation of sales.

- The discretion of the judge is a sound legal discretion and he cannot arbitrarily withhold his confirmation of a sale made under decree of the court. Pledger v. Bank of Lyerly, 157 Ga. 229, 121 S.E. 228 (1924).

Abuse of discretion generally.

- Where, in a suit to enjoin an exercise of a power of sale contained in a security deed, the sale was allowed to proceed subject to confirmation by the court, and on the question of confirmation, subsequently arising, the existence of the facts alleged as grounds of objection was the sole issue presented, and such issue was a matter of dispute under the evidence, the judge did not abuse his discretion in decreeing confirmation. Wilson v. Trustees of Union Theological Sem., 181 Ga. 755, 184 S.E. 290 (1936).

A confirmation of a sale when there is a variance between the advertisement and the terms of the order of sale constitutes error. Slaughter v. Strother, 99 Ga. 633, 27 S.E. 764 (1896).

Pleading and Practice

After a judicial sale has been confirmed, the court has no discretion to rescind it except upon some special ground, such as fraud, accident, or mistake, which has worked an injustice, and which was unknown to the complaining party at the time of confirmation. Hurt Bldg., Inc. v. Atlanta Trust Co., 181 Ga. 274, 182 S.E. 187 (1935).

RESEARCH REFERENCES

ALR.

- Doctrine of equitable conversion as affected by discretion as to time, manner or other circumstances of sale, where the duty to sell is mandatory, 124 A.L.R. 1448.

Cases Citing O.C.G.A. § 23-4-35

Total Results: 2  |  Sort by: Relevance  |  Newest First

Copy

Cml-Ga Smyrna, LLC v. Atlanta Real Est. Investments, LLC, 294 Ga. 787 (Ga. 2014).

Cited 7 times | Published | Supreme Court of Georgia | Mar 17, 2014 | 756 S.E.2d 504, 2014 Fulton County D. Rep. 517

...v. Atlanta Trust Co., 181 Ga. 274 (182 SE 187) (1935); Smith v. Roberts, 106 Ga. 409 (32 SE 375) (1899). Compare Leggett v. Ogden, 248 Ga. 403 (284 SE2d 1) (1981). Indeed, such a sale cannot be deemed to be consummated until confirmed. See OCGA § 23-4-35.3 The court did not abuse its discretion in confirming the sale before the contract for sale was executed....
...agreement, and urged the court to confirm the sale. In this circumstance, there was no abuse of the trial court’s discretion in confirming the proposed sale. Hall, supra. Judgment affirmed. All the Justices concur. 3 OCGA § 23-4-35 reads: Sales under decrees in equity shall be subject to confirmation by the judge, who has a large discretion vested in him in reference thereto....
Copy

Pack v. Mahan, 294 Ga. 496 (Ga. 2014).

Cited 7 times | Published | Supreme Court of Georgia | Feb 24, 2014 | 755 S.E.2d 126, 2014 Fulton County D. Rep. 272

...Section 44-6-166.1, the court shall order a public sale of such lands and tenements.”); Wilkerson, 126 Ga. App. at 172-173 (2) (“On appeal the evidence 2 We note that sales under decrees in equitable partition proceedings are also subject to confirmation. See OCGA § 23-4-35; Brannon v....