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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 Georgia Code 23-4-35 From Courtlistener.com

Total Results: 2

Cml-Ga Smyrna, LLC v. Atlanta Real Estate Investments, LLC

Court: Supreme Court of Georgia | Date Filed: 2014-03-17

Citation: 294 Ga. 787, 756 S.E.2d 504, 2014 Fulton County D. Rep. 517, 2014 WL 998691, 2014 Ga. LEXIS 220

Snippet: to be consummated until confirmed. See OCGA § 23-4-35. 3 The court did not abuse its discretion

Pack v. Mahan

Court: Supreme Court of Georgia | Date Filed: 2014-02-24

Citation: 294 Ga. 496, 755 S.E.2d 126, 2014 Fulton County D. Rep. 272, 2014 WL 695173, 2014 Ga. LEXIS 112

Snippet: proceedings are also subject to confirmation. See OCGA § 23-4-35; Brannon v. Simpson, 244 Ga. 58