O.C.G.A.

O.C.G.A. § 44-13-5 (2019)

Survey of lands in different county

✓ 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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Whenever the applicant does not possess a sufficient amount of realty located in the county of his residence, he may include in his application tracts of land located in counties other than that of his residence. In such case, the judge of the probate court before whom the application is made shall cause the survey, valuation, and plat of the lands lying in counties other than the residence of the applicant to be made by the county surveyor of the county where the lands are located.

History

Ga. L. 1869, p. 25, § 1; Code 1873, § 2004; Code 1882, § 2004; Civil Code 1895, § 2829; Civil Code 1910, § 3379; Code 1933, § 51-202; Code 1981, § 4413-6; Code 1981, § 44-13-5, as redesignated by Ga. L. 1983, p. 1170, § 2.

Annotations

Editor’s notes. Ga. L. 1983, p. 1170, § 2, effective July 1, 1983, redesignated former Code Section 44-13-6 as this Code section. The 1983 Act also redesignated former Code Section 4413-5, relating to application for exemptions, as present Code Section 44-13-4.

JUDICIAL DECISIONS Personal property. - Where only personal property is set apart as a homestead under O.C.G.A. § 44-13-5, no record of the application is required in any county other than that of the applicant’s resi-

dence when the applicant applies. McLamb & Co. v. Lambertson, 4 Ga. App. 552, 4 Ga. App. 553, 62 S.E. 107, 1908 Ga. App. LEXIS 475 (1908).

RESEARCH REFERENCES C.J.S. 40 C.J.S., Homesteads, §§ 36, 40.