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2018 Georgia Code 44-13-5 | Car Wreck Lawyer

TITLE 44 PROPERTY

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

ARTICLE 1 CONSTITUTIONAL EXEMPTIONS

44-13-5. Survey of lands in different county.

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.

(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, §44-13-6; Code 1981, §44-13-5, as redesignated by Ga. L. 1983, p. 1170, § 2.)

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 44-13-5, 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 residence when the applicant applies. McLamb & Co. v. Lambertson, 4 Ga. App. 553, 62 S.E. 107 (1908).

RESEARCH REFERENCES

C.J.S.

- 40 C.J.S., Homesteads, §§ 36, 40.

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