O.C.G.A.

O.C.G.A. § 44-1-3 (2019)

‘‘Personalty’’ defined; status of certain stocks

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) As used in this title, the term ‘‘personalty’’ or ‘‘personal estate’’ means all property which is movable in nature, has inherent value or is representative of value, and is not otherwise defined as realty.

(b) Stocks representing shares in a corporation which holds lands or a franchise in or over lands are personalty.

History

(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.)

Annotations

Law reviews. - For comment on Grant v. Haymes, 164 Ga. 371, 138 S.E. 892 (1927), see 1 Ga. L. Rev. No. 2, p. 45 (1927). JUDICIAL DECISIONS was a fixture. Cozart v. Johnson, 181 Ga. 337, 182 S.E. 502 (1935). Value of personalty including stock shares were recoverable. - 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).

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 as personalty. - 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). Movable safe. - 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

OPINIONS OF THE ATTORNEY GENERAL 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.

Mobile homes. - 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

RESEARCH REFERENCES Criminal liability for theft of, interference with, or unauthorized use of, computer programs, files, or systems, 51 ALR4th 971. Conveyance of land as including mature but unharvested crops, 51 ALR4th 1263. Oil and gas royalty as real or personal property, 56 ALR4th 539. Mine tailings as real or personal property, 75 ALR4th 965.

Am. Jur. 2d. - 63A Am. Jur. 2d, Property, § 21. C.J.S. - 73 C.J.S., Property, § 32 et seq. ALR. - Larceny by finder of property, 36 ALR 372. Solid mineral royalty as real or personal property, 68 ALR 728; 99 ALR 486. What passes under term ‘‘personal estate’’ in will, 53 ALR2d 1059. Manure as real or personal property as between seller and buyer of real property, 82 ALR2d 1099.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1997–2024 · leading case: Cason v. Cason, 637 S.E.2d 716 (Ga. 2006).

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Cason v. Cason, 637 S.E.2d 716 (Ga. 2006). · cites it 2× “This Code section determines the value of personalty recoverable in a trover action and typically allows a plaintiff to recover “a sum in the amount of the highest value which he is able to prove existed between the time of the conversion and the trial.”

Chancellor v. Gateway Lincoln-Mercury, Inc., 502 S.E.2d 799 (Ga. Ct. App. 1998). · cites it 2× “, the sales proceeds from the car and for the intangible property sold or the value of the entire retail installment sales contract, which reflected the fair market value of such intangible property when reduced to immediate cash value.”

Merrill v. First Union Nat'l Bank, 481 S.E.2d 890 (Ga. Ct. App. 1997). · cites it 2× “See OCGA § 44-1-3. Decided February 21, 1997 Wilson, Strickland & Benson, Daniel I.”

Navicent Health, Inc. v. Mufid a. Othman (Ga. Ct. App. 2024). · cites it 2× “” OCGA § 44-1-3. And, in a trespass 21 action, the injury is immediate.”

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