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Call Now: 904-383-7448If the party in possession submits a counteraffidavit as provided in Code Section 44-11-30, the sheriff shall not turn him out of possession but shall leave both parties in their respective positions. In such an event, the sheriff shall return both affidavits to the office of the clerk of the superior court of the county in which the land is located for a trial of the issue before a jury in accordance with the laws of this state.
(Ga. L. 1853-54, p. 52, § 3; Code 1863, § 3981; Code 1868, § 4002; Code 1873, § 4074; Code 1882, § 4074; Civil Code 1895, § 4810; Civil Code 1910, § 5382; Code 1933, § 105-1503.)
Jurisdiction of superior court exclusive. Chambliss v. Hawkins, 123 Ga. 361, 51 S.E. 337 (1905).
- The proceeding under O.C.G.A. § 44-11-30 being strictly summary and there being no provision as to when an issue formed upon a counter-affidavit to such a proceeding under O.C.G.A. § 44-11-32 may be tried, the trial of such an issue may be held at the term of court during which the counter-affidavit is filed. Hill v. Security Loan & Abstract Co., 35 Ga. App. 93, 132 S.E. 107 (1926).
Purchasers of real property under warranty deed from the record title holder's brother sufficiently established their good faith to be entitled to a jury trial on the title holder's claim in ejectment; therefore, a jury verdict in the purchasers' favor was upheld. Sims v. Merritt, 270 Ga. App. 877, 608 S.E.2d 547 (2004).
Cited in Little v. Thompson, 39 Ga. 658 (1869); Burt v. Crawford, 180 Ga. 331, 179 S.E. 82 (1935).
- 25 Am. Jur. 2d, Ejectment, §§ 75 et seq., 44 et seq.
- 28A C.J.S., Ejectment, § 111 et seq.
No results found for Georgia Code 44-11-32.