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2018 Georgia Code 44-2-62 | Car Wreck Lawyer

TITLE 44 PROPERTY

Section 2. Recordation and Registration of Deeds and Other Instruments, 44-2-1 through 44-2-253.

ARTICLE 2 LAND REGISTRATION

44-2-62. Procedure as to actions for registration; persons under disability.

Action for registration of title shall be begun by a petition to the court by the person, persons, or corporation claiming, singly or collectively, to own or to have the power of appointing or disposing of an estate in fee simple in any land whether or not subject to liens, encumbrances, or lesser estate. Minors and other persons under disability may bring and defend actions by a guardian, a guardian ad litem, a next friend, or a trustee, as the case may be.

(Ga. L. 1917, p. 108, § 5; Code 1933, § 60-203.)

JUDICIAL DECISIONS

Equity not applicable.

- Proceeding under the Georgia Land Registration Act is purely statutory, not equitable. Bird v. South Ga. Indus. Co., 150 Ga. 420, 104 S.E. 232 (1920).

Party with undivided half interest may register such interest.

- Fact that one of the defendants claiming title by adverse possession owned an undivided half interest in one of four tracts involved, and the other defendants owned the other half interest, would not defeat the defendants' right to registration of such respective interests, under the terms of the Land Registration Act. Lankford v. Holton, 187 Ga. 94, 200 S.E. 243 (1938), later appeal, 195 Ga. 317, 24 S.E.2d 292 (1943).

Cited in Holton v. Lankford, 189 Ga. 506, 6 S.E.2d 304 (1939); Burgess v. Simmons, 207 Ga. 291, 61 S.E.2d 410 (1950); Turner v. Kelley, 212 Ga. 175, 91 S.E.2d 356 (1956).

RESEARCH REFERENCES

Am. Jur. 2d.

- 66 Am. Jur. 2d, Registration of Land Titles, § 10 et seq.

C.J.S.

- 76 C.J.S., Registration of Land Titles, § 2 et seq.

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