If, from any cause, the exempt land has not been laid off when the remainder of the land is offered for sale, the purchaser shall buy subject to the encumbrance of the homestead if he was given notice of the exemption.

(Orig. Code 1863, § 2018; Code 1868, § 2018; Code 1873, § 2045; Code 1882, § 2045; Civil Code 1895, § 2871; Civil Code 1910, § 3421; Code 1933, § 51-1405.)

JUDICIAL DECISIONS

Pending application.

- If, at the time of the sale of land by the sheriff, an application is pending for a homestead in favor of the family of the defendant, and notice thereof is given at the sale, the purchaser buys under O.C.G.A. § 44-13-105 subject to the homestead. Kilgore v. Beck, 40 Ga. 293 (1869); Faircloth v. St. Johns, 44 Ga. 603 (1872); Rogers v. Kimsey, 163 Ga. 146, 135 S.E. 497 (1926), later appeal, 166 Ga. 176, 142 S.E. 667 (1928).

Notice of application.

- A person who has applied for an injunction to enjoin the sale of the land under an execution against that person, in which land the person claims a homestead on the ground of age and infirmity, is protected by giving notice of an application for homestead, provided, of course, it should be determined that the person is entitled to the homestead. Adams v. Grizzard, 171 Ga. 780, 156 S.E. 689 (1931).

Illegal sale of a homestead does not divest property of its character as such. Evans v. Piedmont Nat'l Bldg. & Loan Ass'n, 118 Ga. 880, 45 S.E. 693 (1903).

RESEARCH REFERENCES

Am. Jur. 2d.

- 31 Am. Jur. 2d, Exemptions, §§ 13, 134, 138, 146. 40 Am. Jur. 2d, Homesteads, §§ 83 et seq., 110 et seq.

C.J.S.

- 40 C.J.S., Homesteads, §§ 95 et seq., 148, 154.

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2018 Georgia Code 44-13-105 | Car Wreck Lawyer

TITLE 44 PROPERTY

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