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2018 Georgia Code 44-13-103 | Car Wreck Lawyer

TITLE 44 PROPERTY

Section 13. Exemptions from Levy and Sale, 44-13-1 through 44-13-120.

ARTICLE 2 STATUTORY EXEMPTIONS

44-13-103. Objections to survey or to valuation of improvements; application to probate court; appointment of appraisers; alterations in survey.

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.

(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.)

JUDICIAL DECISIONS

Appointment of appraisers.

- The appointment of appraisers to view the survey and value the improvements of realty claimed as exempt is but preliminary to judicial action, and is not the subject of appeal to the superior court. Bangs v. McLeod, 63 Ga. 162 (1879).

RESEARCH REFERENCES

Am. Jur. 2d.

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

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