Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 44-13-80 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 44-13-80 Case Law from Google Scholar Amendments to OCGA 44-13-80

TITLE 44 PROPERTY

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

ARTICLE 1 CONSTITUTIONAL EXEMPTIONS

44-13-80. Appointment of receiver to sell excess realty.

Whenever any person makes an application for an exemption of realty under this article and it appears by the return of the surveyor that the applicant is the owner of more real estate than is allowed to be exempt under this article, it shall be the duty of the judge of the probate court to appoint a receiver to take charge of the excess and to sell the same for the benefit of the creditors of the applicant under regulations set forth in this part.

(Ga. L. 1872, p. 44, § 1; Code 1873, § 2033; Code 1882, § 2033; Civil Code 1895, § 2855; Civil Code 1910, § 3405; Code 1933, § 51-1001; Ga. L. 1983, p. 1170, § 2.)

JUDICIAL DECISIONS

Wife applying.

- Where the wife applies, with the consent of the husband, in the reason and spirit of O.C.G.A. § 44-13-80, he is the applicant, and the power to appoint a receiver of the excess of his property is therein given. Landrum v. Chamberlin, Boynton & Co., 73 Ga. 727 (1884).

Appointment by court.

- The receiver contemplated by O.C.G.A. § 44-13-80 should be appointed by the court, though there be no motion therefor. McWilliams v. Bones, 84 Ga. 199, 10 S.E. 723 (1890).

Time of appointment.

- It is upon the application for homestead, and not upon its final adjudication, that the receiver may be appointed, and the creditors are not to be delayed until the homestead and exemption are finally set apart. Landrum v. Chamberlin, Boynton & Co., 73 Ga. 727 (1884).

RESEARCH REFERENCES

Am. Jur. 2d.

- 31 Am. Jur. 2d, Exemptions, § 37. 40 Am. Jur. 2d, Homesteads, §§ 85, 86.

C.J.S.

- 40 C.J.S., Homesteads, §§ 148, 153.

ALR.

- Lien of judgment on excess value of homestead, 41 A.L.R.4th 292.

No results found for Georgia Code 44-13-80.