O.C.G.A. § 44-2-10 (2019)
Recording deeds and bills of sale to personalty; effect as notice
Absolute deeds and bills of sale to personalty may be recorded in the office of the clerk of the superior court of the county where the maker resides. Such record, being permissive and not compulsory, is not constructive or implied notice to anyone. This Code section shall not apply to transactions covered by Article 9 of Title 11. (Laws 1819, Cobb’s 1851 Digest, p. 168; Ga. L. 1855-56, p. 142, § 1; Code 1863, § 2672; Code 1868, § 2668; Code 1873, § 2710; Code 1882, § 2710; Civil Code 1895, § 3626; Civil Code 1910, § 4208; Code 1933, § 29-413; Ga. L. 1962, p. 156, § 1.)
Annotations
JUDICIAL DECISIONS dated bills of sale to secure debt, if taken without notice to the others. Fourth Nat’l Bank v. Howell, 92 Ga. App. 868, 90 S.E.2d 78 (1955). Effect of recordation on title. - Recordation has no effect on the title to personalty, which is acquired by the grantee in the bill of sale upon the execution and delivery of the instrument by the grantor. Recording an absolute bill of sale to personalty under the provisions of statute has only the effect of making the instrument admissible in evidence without further proof of the instrument’s execution. Jones v. Liberty Mut. Fire Ins. Co., 90 Ga. App. 667, 83 S.E.2d 837 (1954). Cited in Williams v. Logan & Mears, 32 Ga. 165 (1861); Jones v. Newberry, 16 Ga. App.
Editor’s notes. - In light of the similarity of the statutory provisions, decisions rendered prior to the enactment of Art. 9, T. 11, are included in the annotations for this Code section. Former Civil Code 1910, § 4208 (see O.C.G.A. § 44-2-10) applied only to an absolute bill of sale. The law with reference to the registration and priority of bills of sale to secure debt was to be found in former Civil Code 1910, §§ 3306 and 3307 (see O.C.G.A. §§ 44-14-60 and 44-14-63). Balchin v. Jones, 10 Ga. App. 434, 73 S.E. 613 (1912); Butler v. LaGrange Grocery Co., 29 Ga. App. 612, 116 S.E. 213 (1923). Effect, among concurrently dated documents, of prior recording. - Priority of recording gives priority among concurrently
424, 85 S.E. 617 (1915); Mack Trucks, Inc. v. Ryder Truck Rental, Inc., 110 Ga. App. 68, 137 S.E.2d 718 (1964). RESEARCH REFERENCES C.J.S. - 76 C.J.S., Records, § 11. ALR. - Record of instrument which comprises or includes an interest or right that is not a proper subject of record, 3 ALR2d 577.
Priority between devisee under devise pursuant to testator’s agreement and third person claiming under or through testator’s unrecorded deed, 7 ALR2d 544.