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2018 Georgia Code 44-1-1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 44-1-1 Case Law from Google Scholar Amendments to OCGA 44-1-1

TITLE 44 PROPERTY

Section 1. General Provisions, 44-1-1 through 44-1-18.

44-1-1. "Property" defined.

As used in this title, the term "property" means:

  1. Realty and personalty which is actually owned;
  2. The right of ownership of realty or personalty; and
  3. That which is subject to being owned or enjoyed.

(Code 1933, § 85-101.)

History of section.

- This Code section is derived from the decision in Wayne v. Hartridge, 147 Ga. 127, 92 S.E. 937 (1917).

Law reviews.

- For article, "Publicity, Liberty and Intellectual Property: A Conceptual and Economic Analysis of the Inheritability Issue," see 34 Emory L.J. 1 (1985). For article surveying real property law in 1984-1985, see 37 Mercer L. Rev. 343 (1985).

JUDICIAL DECISIONS

Salary of armed forces member is not "property" which is constructively present in every state in the Union for purposes of 42 U.S.C. § 659(a). Williamson v. Williamson, 247 Ga. 260, 275 S.E.2d 42, cert. denied, 454 U.S. 1097, 102 S. Ct. 669, 70 L. Ed. 2d 638 (1981).

Section applied to bondsman in guardianship proceeding.

- There was no reason why the broad concept of property in former Code 1933, § 85-101 (see O.C.G.A. § 44-1-1) should not apply in construing the obligation of a bondsman in a guardianship proceeding under former Code 1933, § 49-225. Clark v. Great Am. Ins. Co., 387 F.2d 710 (5th Cir. 1967), cert. denied, 393 U.S. 825, 89 S. Ct. 86, 21 L. Ed. 2d 95 (1968).

Vested remainder is interest in property which may be levied upon.

- Vested remainder interest in land is such an interest in property as may be levied upon under an execution, although the life estate is not terminated, and since the greater includes the less, a levy upon a described tract or parcel of land is a levy upon the whole interest therein, including all vested remainder interests where such remainder interests exist. Cox v. Hargrove, 205 Ga. 12, 52 S.E.2d 312 (1949).

Extreme restriction on use can negate estate for years.

- Certain restrictions imposed upon use of the premises under a lease can be so pervasive as to be fundamentally inconsistent with the concept of an estate for years. Allright Parking of Ga., Inc. v. Joint City-County Bd. of Tax Assessors, 244 Ga. 378, 260 S.E.2d 315 (1979).

Cited in Mason v. Young, 203 Ga. 121, 45 S.E.2d 643 (1947); Trust Co. v. S. & W. Cafeteria, 97 Ga. App. 268, 103 S.E.2d 63 (1958); Moore v. Lindsey, 662 F.2d 354 (5th Cir. 1981).

RESEARCH REFERENCES

Am. Jur. 2d.

- 63A Am. Jur. 2d, Property, § 1 et seq.

C.J.S.

- 73 C.J.S., Property, §§ 1, 3.

ALR.

- "Property" as including business or profession, 34 A.L.R. 716.

Oil, gas, or other mineral rights in land, apart from ownership of soil, as subject as real estate to lien of judgment against the owner of the mineral interest, 52 A.L.R. 135.

Validity and effect of transfer of expectancy by prospective heir, 121 A.L.R. 450.

Master and servant: regular payment of bonus to employee, without express contract to do so, as raising implication of contract for bonus, 66 A.L.R.3d 1075.

Pension or retirement benefits as subject to award or division by court in settlement of property rights between spouses, 94 A.L.R.3d 176.

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