O.C.G.A.

O.C.G.A. § 44-14-164 (2019)

Vacation of certain judgments prior to sale; cancellation of execution; invalidation of deed made for purpose of levy and sale; notation on record

✓ 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 a judgment is so vacated and set aside, the clerk of the court in which it was rendered shall mark the fi. fa. issued on the judgment “canceled”; and the clerk of the superior court shall enter the same upon the general execution docket and make thereon an appropriate reference to the order vacating the judgment. Whenever a judgment is vacated and set aside as provided in Code Section 44-14163, any deed reconveying the property to the defendant in fi. fa. for the purpose of levy and sale shall be automatically canceled and rendered null and void by virtue of this Code section; and the clerk of the superior court shall enter on the record of such deed or reconveyance, when recorded, the word “canceled” and shall make an appropriate reference to the order vacating the judgment.

History

Ga. L. 1927, p. 220, § 2; Code 1933, § 110-802.

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. 1060. Rights and remedies respecting improvements made in reliance on a decree or order as to title or possession of real

property which is subsequently reversed, 30 A.L.R. 936. Reversal of judgment as affecting another judgment based on the reversed judgment and rendered pending the appeal, 81 A.L.R. 712.