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Call Now: 904-383-7448(Orig. Code 1863, § 2216; Code 1868, § 2211; Code 1873, § 2237; Code 1882, § 2237; Ga. L. 1882-83, p. 56, § 1; Ga. L. 1893, p. 35, § 1; Civil Code 1895, § 3070; Civil Code 1910, § 3646; Code 1933, § 85-1701.)
- For comment on Grant v. Haymes, 164 Ga. 371, 138 S.E. 892 (1927), see 1 Ga. L. Rev. No. 2, p. 45 (1927).
Movable fixtures are considered personal property. McCall v. Walter, 71 Ga. 287 (1883).
Shares of corporate stock are personalty. Hamil v. Flowers, 133 Ga. 216, 65 S.E. 961 (1909).
- Shares of stock of domestic corporation, certificates of which are held by foreign corporation as transferee, are personalty. People's Nat'l Bank v. Cleveland, 117 Ga. 908, 44 S.E. 20 (1903).
Stock in a nonresident railroad corporation owned by a domestic railroad is personal property. Wright v. Louisville & N.R.R., 195 U.S. 219, 25 S. Ct. 16, 49 L. Ed. 167 (1904); Greene County v. Wright, 126 Ga. 504, 54 S.E. 951 (1906).
Bond for title is personalty. Copeland v. Pyles, 25 Ga. App. 95, 102 S.E. 552 (1920).
- Since a safe was not attached to the building and was movable at pleasure upon the safe's rollers, with no injury to any part of the building, the evidence did not demand finding that the safe was a fixture. Cozart v. Johnson, 181 Ga. 337, 182 S.E. 502 (1935).
- Trial court was authorized to award a wife cash and stock as proceeds after a cooperative converted to a publicly held company as: (1) the wife was entitled to receive the value of the equity account for the years 1987 to 1993 as consideration for the relinquishment of the interest the wife held in the real estate; (2) such was consistent with the intent and spirit of the final decree; and (3) to rule otherwise would have left the wife with an illusory or meaningless asset. Cason v. Cason, 281 Ga. 296, 637 S.E.2d 716 (2006).
Cited in Woodcliff Gin Co. v. Kittles, 173 Ga. 661, 161 S.E. 119 (1931); Evans v. Pennington, 177 Ga. 56, 169 S.E. 349 (1933); DeFoor v. State, 233 Ga. 190, 210 S.E.2d 707 (1974); Anderson v. Burnham, 12 Bankr. 286 (Bankr. N.D. Ga. 1981); United States v. Wood, 28 Bankr. 383 (N.D. Ga. 1983); Chancellor v. Gateway Lincoln-Mercury, Inc., 233 Ga. App. 38, 502 S.E.2d 799 (1998).
- Mobile home can be considered as part of the realty when the mobile home is placed on the property with the intent that the mobile home remain permanently in place and that the mobile home pass as part of the realty when conveyed. In order to determine what the intent was with respect to the mobile home, all of the surrounding facts and circumstances should be considered in each case as outward manifestations of what was in fact intended. 1969 Op. Att'y Gen. No. 69-316.
Advertisement sign per se is personal property, but when placed with the intention that the sign remain permanently in that place, it may be considered as part of the realty. 1970 Op. Att'y Gen. No. 79-163.
- 63A Am. Jur. 2d, Property, § 21.
- 73 C.J.S., Property, § 32 et seq.
- Larceny by finder of property, 36 A.L.R. 372.
Solid mineral royalty as real or personal property, 68 A.L.R. 728; 99 A.L.R. 486.
What passes under term "personal estate" in will, 53 A.L.R.2d 1059.
Manure as real or personal property as between seller and buyer of real property, 82 A.L.R.2d 1099.
Criminal liability for theft of, interference with, or unauthorized use of, computer programs, files, or systems, 51 A.L.R.4th 971.
Conveyance of land as including mature but unharvested crops, 51 A.L.R.4th 1263.
Oil and gas royalty as real or personal property, 56 A.L.R.4th 539.
Mine tailings as real or personal property, 75 A.L.R.4th 965.
Total Results: 1
Court: Supreme Court of Georgia | Date Filed: 2006-11-20
Citation: 637 S.E.2d 716, 281 Ga. 296, 2006 Fulton County D. Rep. 3561, 2006 Ga. LEXIS 974
Snippet: shares of stock, such as those in issue here. OCGA § 44-1-3; Hamil v. Flowers, 133 Ga. 216, 65 S.E. 961 (1909)