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Call Now: 904-383-7448After the record has been perfected and settled, the judge of the superior court shall proceed to decide the case; and if, upon consideration of such record, the title shall be found in the petitioner, the judge shall enter a decree to that effect ascertaining all limitations, liens, encumbrances, and the like and declaring the land entitled to registration according to his findings. Such decree shall be entered upon the minutes of the superior court and shall become a part of the records thereof. If, upon consideration of the record, the judge finds that the petitioner is not entitled to a decree declaring the land entitled to registration, he shall enter judgment accordingly. If any person shall have filed a cross-action praying for the title to be found in him, the judge may enter a decree to that effect in like manner ascertaining and declaring all limitations, liens, and the like and declaring the land entitled to registration according to his findings. If separate parcels shall be involved, the court shall render a separate decree as to each parcel; and the same shall be done where the petitioner has divided a tract into separately described parcels and has accurately described each parcel for separate registration.
(Ga. L. 1917, p. 108, § 26; Code 1933, § 60-222.)
- This statute is not unconstitutional on the ground that the statute confers upon the judge of the superior court the right to render judgment without the verdict of a jury in a civil case other than one founded on an unconditional contract in writing where no issuable defense is filed on oath. Crowell v. Akin, 152 Ga. 126, 108 S.E. 791, 19 A.L.R. 51 (1921) (see O.C.G.A. § 44-2-82).
- This statute is not intended as a modification of the other sections as to the method of ascertaining the facts, but on proper construction simply means that the trial judge shall inspect the record after the record has been "perfected and settled" by ascertainment of the facts as otherwise provided, and shall thereupon enter a decree in accordance with such record. It does not dispense with findings of fact by an examiner, as contemplated by other provisions of law, although when there is an error apparent upon the face of the examiner's report "wholly irrespective of the evidence" on which it is based, the court should correct that error by the court's judgment. Holton v. Lankford, 189 Ga. 506, 6 S.E.2d 304 (1939) (see O.C.G.A. § 44-2-82).
- Under The Land Registration Act, there can be no registration without findings of fact in favor of the party whose title is registered. Holton v. Lankford, 189 Ga. 506, 6 S.E.2d 304 (1939).
Cited in Harris v. Ernest L. Miller Co., 213 Ga. 748, 101 S.E.2d 715 (1958).
- 66 Am. Jur. 2d, Registration of Land Titles, §§ 20, 22.
- 76 C.J.S., Registration of Land Titles, § 16.
No results found for Georgia Code 44-2-82.