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2018 Georgia Code 44-5-43 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)

O.C.G.A. 44-5-43 Case Law from Google Scholar Amendments to OCGA 44-5-43

TITLE 44 PROPERTY

Section 5. Acquisition and Loss of Property, 44-5-1 through 44-5-230.

ARTICLE 2 CONVEYANCES

44-5-43. Effect of adverse possession on making of deed.

A deed to lands which is made while the lands are held adversely to the maker of the deed is not void.

(Ga. L. 1859, p. 24, § 1; Code 1863, § 2654; Code 1868, § 2653; Code 1873, § 2695; Code 1882, § 2695; Civil Code 1895, § 3605; Civil Code 1910, § 4185; Code 1933, § 29-107.)

Cross references.

- Nature of title by prescription, § 44-5-160 et seq.

JUDICIAL DECISIONS

Section changes the rule of common law and the Statute of Henry VIII. Gresham v. Webb, 29 Ga. 320 (1859); Reed v. Janes, 84 Ga. 380, 11 S.E. 401 (1890); Tucker v. McArthur, 103 Ga. 409, 30 S.E. 283 (1898) (see O.C.G.A. § 44-5-43).

Section applies to sales of all kinds of property. Downing Lumber Co. v. Medlin & Sundy, 136 Ga. 665, 72 S.E. 22 (1911) (see O.C.G.A. § 44-5-43).

Cited in Booth v. Young, 149 Ga. 276, 99 S.E. 886 (1919); Chattanooga Iron & Coal Corp. v. Shaw, 157 Ga. 869, 122 S.E. 597 (1924); Williamson v. Key, 179 Ga. 502, 176 S.E. 373 (1934); Delray, Inc. v. Reddick, 194 Ga. 676, 22 S.E.2d 599 (1942).

RESEARCH REFERENCES

Am. Jur. 2d.

- 23 Am. Jur. 2d, Deeds, § 162.

ALR.

- Grantor's continued possession of land after execution of deed as notice of his claim adverse to title conveyed, 105 A.L.R. 845.

Possession of mortgagor or successor in interest as adverse to purchaser at foreclosure sale, 38 A.L.R.2d 348.

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