O.C.G.A.

O.C.G.A. § 44-5-4 (2019)

Correctable errors in grants

✓ 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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The following errors in the issuing and recording of grants may be corrected: (1) Any error in the name or residence of the grantee; or in the location, character, or boundary of the land; or in any other matter or thing connected with the application for or issuing of the grant; (2) Any error in recording or transcribing the names of applicants for draws or the names of fortunate drawers in the several land lotteries, or

any omission by any of the officers or on the part of any of the agents of the state, or any other mistake in recording the grant; or (3) Any other error whereby the true grantee is deprived of or jeopardized in his right. (Laws 1827, Cobb’s 1851 Digest, p. 656; Laws 1828, Cobb’s 1851 Digest, p. 657; Laws 1837, Cobb’s 1851 Digest, p. 658; Ga. L. 1851-52, p. 247, § 1; Code 1863, § 2324; Code 1868, § 2321; Code 1873, § 2352; Code 1882, § 2352; Civil Code 1895, § 3212; Civil Code 1910, § 3800; Code 1933, § 85-303.)

Annotations

JUDICIAL DECISIONS Amendment of section in 1837 unconstitutional. - Georgia Laws 1837, p. 658, authorizing and requiring the Governor and the Secretary of State, Surveyor and Comptroller General to correct errors in grants and to issue alias grants, was held to be unconstitutional so far as the rights of third persons, other than the state and the original grantee are concerned. Hilliard v. Doe, 7 Ga. 172 (1849).

Grant valid although uncorrected, and cannot be ‘‘collaterally’’ attacked. - Nowhere is it intimated that the grant is not to be deemed valid as long as the grant remains uncorrected - unannulled. It does not give any countenance to the idea that a grant may be ‘‘collaterally’’ attacked. Vickery v. Scott, 20 Ga. 795 (1856); Houston v. State, 124 Ga. 417, 52 S.E. 757 (1905).

RESEARCH REFERENCES Am. Jur. 2d. - 13 Am. Jur. 2d, Cancellation of Instruments, §§ 6, 31 et seq. 63A Am. Jur. 2d, Public Lands, §§ 11, 120 et seq., 124, 128 et seq. 66 Am. Jur. 2d, Reformation of Instruments, §§ 1, 3, 28, 30, 48, 69, 70. 72

Am. Jur. 2d, States, Territories, and Dependencies, § 67. C.J.S. - 26A C.J.S., Deeds, §§ 43, 53 et seq. 73B C.J.S., Public Lands, §§ 264 et seq.