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

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

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

TITLE 44 PROPERTY

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

ARTICLE 1 GRANTS FROM STATE

44-5-5. Application to Governor for correction of errors; notice to interested parties; evidence of error or mistake; order for correction of errors.

In all cases where errors in issuing or recording grants are sought to be corrected, an application shall be made in writing to the Governor showing that notice in writing of the nature and time of the application has been served upon every person who may be in any manner interested in the question. If no objection is filed and satisfactory evidence of the error or mistake is produced and submitted in writing, the Governor may pass an order requiring the error to be corrected and, if necessary, requiring a new grant to be issued upon delivery of the first grant for cancellation.

(Laws 1828, Cobb's 1851 Digest, p. 657; Laws 1843, Cobb's 1851 Digest, p. 658; Laws 1845, Cobb's 1851 Digest, p. 659; Code 1863, § 2325; Code 1868, § 2322; Code 1873, § 2353; Code 1882, § 2353; Civil Code 1895, § 3213; Civil Code 1910, § 3801; Code 1933, § 85-304.)

JUDICIAL DECISIONS

Best evidence in respect to written notice upon parties in interest is to be procured by getting a certified copy of the proceedings from the Governor's office, and as the presumption is that the Governor did the Governor's duty, the defendant will not be heard to deny that the defendant had notice of the proceedings to correct a grant by defendant's own oath as a witness, until the defendant has exhausted the better evidence which the certified copy would afford. Williams v. Goodall, 60 Ga. 482 (1878).

Grant not subject to collateral attack.

- If a grant for land issued from the state to one who was not the fortunate drawer in a lottery, that fact cannot be shown collaterally on the trial of an action of ejectment, but the original grant should be corrected by a proceeding instituted for that purpose, in accordance with the laws of the state. Roe v. Doe, 37 Ga. 560 (1868).

RESEARCH REFERENCES

Am. Jur. 2d.

- 63A Am. Jur. 2d, Public Lands, §§ 11, 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.

- 73B C.J.S., Public Lands, § 282 et seq.

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