Contents of affidavit.

- Properly recorded affidavit "shall" contain a caption showing the information enumerated in this statute. This is made mandatory by the use of the word "shall," rather than permissive language. Dollar v. Thompson, 212 Ga. 831, 96 S.E.2d 493 (1957) (see O.C.G.A. § 44-2-20).

Although affidavit gave proper statutory notice to the corporations as to the identity of the property owner, referred to the county grantor-grantee index, was properly witnessed and notarized, and contained other proper information, it did not settle the question of the identity of the property owner's heirs; thus, since a question of fact remained as to whether the affidavit afforded the corporations with actual or constructive notice as to a claim by the property owner's excluded spouse, the trial court should not have granted summary judgment to the corporations as to the claim of the one relative. Bowman v. Century Funding, Ltd., 277 Ga. App. 540, 627 S.E.2d 73 (2006).

Affidavit cancelled.

- Trial court properly granted a renter summary judgment and removed an affidavit asserting adverse possession filed by the owner of the first floor of a building with regard to a 1,350 square foot space on the second floor of the building as the renter established that title was acquired via a quit claim deed, that the renter changed the door at the base of the stairwell and had sole access to the second floor space, as well as posted no trespassing signs. The owner of the first floor failed to establish a continuous, exclusive, and uninterrupted possession of the space based on sporadic repairs made to the roof of the entire building. MEA Family Invs., LP v. Adams, 284 Ga. 407, 667 S.E.2d 609 (2008).

Recorded affidavits not conveyances.

- O.C.G.A. §§ 14-5-46 and14-5-47 were not applicable to a national church's action to quiet title in property held by a local church because there was no deed of conveyance to the trustees of the local church; two recorded title affidavits executed by lifetime attendees of the local church, one 79 years old and the other 80, asserted there had never been a question concerning the church's right of ownership of the property, but recorded affidavits relating to land were not conveyances or a legal proceeding by which one could attack the title to realty or cure a defect in the title, O.C.G.A. § 44-2-20. Kemp v. Neal, 288 Ga. 324, 704 S.E.2d 175 (2010).

Affidavit not part of property's chain of title.

- With respect to the issue of whether a Chapter 7 trustee was a bona fide purchaser under 11 U.S.C. § 544 of the debtor husband's interest, the fact that a corrective deed was cross-indexed with a special warranty deed did not pull the corrective deed into the property's chain of title. A bank's analogy to recordable affidavits under Georgia law was inapposite because, setting aside that the statute applied specifically to affidavits containing particular information, nothing in that statute stated that cross-indexing a recordable affidavit made the affidavit part of a property's chain of title. Bank of Am., N.A. v. Adams (In re Adams), 583 Bankr. 541 (Bankr. N.D. Ga. 2018).

Affidavit admissible only if affiant unavailable.

- Affidavits shall be admissible only when the person making the affidavit is not available as a witness for stated reasons. Dollar v. Thompson, 212 Ga. 831, 96 S.E.2d 493 (1957).

Affidavits describing relationship of parties and other facts affecting title to property.

- Because the allegations in the affidavits of title simply described either the relationship of the parties or other objective facts or circumstances affecting title to the property and nearly all of those allegations were asserted or confirmed by the property owner either in the property owner's answer to the bank's complaint, the property owner's counterclaim, or the property owner's brief on appeal, the trial court did not abuse the court's discretion in effectively granting the motion to quash the subpoena for the bank's counsel and in refusing to allow the property owner to question the bank's counsel. Cronan v. JP Morgan Chase Bank, N.A., 336 Ga. App. 201, 784 S.E.2d 57 (2016).

Cited in Parker v. Adamson, 109 Ga. App. 172, 135 S.E.2d 487 (1964); Jones v. Van Vleck, 224 Ga. 796, 164 S.E.2d 724 (1968); Crane v. Gaddis, 224 Ga. 804, 164 S.E.2d 844 (1968); Minor v. Ray, 122 Ga. App. 531, 177 S.E.2d 842 (1970).

ALR.

- Necessity of showing authority or qualification of affiant in affidavit made in behalf of corporation, 3 A.L.R. 132.