O.C.G.A.

O.C.G.A. § 44-13-103 (2019)

Objections to survey or to valuation of improvements; application to probate court; appointment of appraisers; alterations in survey

✓ 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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Should any creditor, for any cause, desire to dispute the propriety of the survey or the value of the improvements, he may make application to the judge of the probate court and give notice to the debtor thereof. Thereafter, the judge may appoint three appraisers to view the survey and to value the improvements; and, on their return, the judge may direct the surveyor to make such alterations as shall, in his judgment, be conformable to law. It shall be a valid ground of objection to the propriety of any survey that the same has been so made by a disregard of the shape and location of the entire tract as to injure unjustly or needlessly the value of any land left unexempted.

History

Orig. Code 1863, § 2016; Code 1868, § 2016; Code 1873, § 2043; Ga. L. 1878-

79, p. 69, § 2; Code 1882, § 2043; Civil Code 1895, § 2869; Civil Code 1910, § 3419; Code 1933, § 51-1403.

Annotations

JUDICIAL DECISIONS Appointment of appraisers. - The appointment of appraisers to view the survey and value the improvements of realty claimed as exempt is but prelimi-

nary to judicial action, and is not the subject of appeal to the superior court. Bangs v. McLeod, 63 Ga. 162, 63 Ga. 163, 1879 Ga. LEXIS 149 (1879).

RESEARCH REFERENCES Am. Jur. 2d. 31 Am. Jur. 2d, Exemptions, §§ 135, 137. 40 Am. Jur. 2d, Homesteads, § 83.