O.C.G.A.

O.C.G.A. § 44-14-163 (2019)

Vacation of certain judgments prior to sale; jurisdiction, power, and authority

✓ 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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When a judgment is rendered upon any obligation secured by a deed to secure debt, a bond for title to realty, or a bill of sale to personalty given under Code Section 44-14-60, the court which rendered the judgment shall have the jurisdiction, power, and authority to vacate and set aside the judgment at any time before the sale of the property described in the deed, bond for title, or bill of sale is made upon the motion of the attorney of the plaintiff in execution and of the attorney of the defendant in execution and the payment of the costs. The jurisdiction, power, and authority to vacate and set aside a judgment as provided in this Code section shall extend to a judgment on a purchasemoney note, a conditional sale contract where a title is reserved as security or a bond for title is given, a judgment and decree foreclosing a mortgage, and all other cases where it is necessary under Code

Section 44-14-210 to reconvey property to the defendant in execution for the purpose of levy and sale.

History

Ga. L. 1927, p. 220, § 1; Code 1933, § 110-801.

Annotations

RESEARCH REFERENCES ALR. Taking note for price as waiver of reservation of title under conditional sale, 13 A.L.R. 1044; 55 A.L.R. 1160. Power of lower court to set aside, on ground of fraud, judgment entered pursuant to mandate of, or affirmed by, review court, 146 A.L.R. 1230. Vacation or setting aside of judgment as

to one or more of multiple parties against whom rendered as requiring its vacation as to all, 42 A.L.R.2d 1030. Consent as ground for vacating judgment, or granting new trial, in civil case, after expiration of term or time prescribed by statute or rules of court, 3 A.L.R.3d 1191.