O.C.G.A.

O.C.G.A. § 44-6-142 (2019)

Effect of decree on title

✓ 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 decree on a proceeding for equitable partition shall pass the title without the execution of any conveyances by the parties.

History

(Orig. Code 1863, § 3116; Code 1868, § 3128; Code 1873, § 3184; Code 1882, § 3184; Civil Code 1895, § 4784; Civil Code 1910, § 5356; Code 1933, § 85-1503.)

Annotations

JUDICIAL DECISIONS If a partitioning is in equity, a decree of the court will pass the title, whether or not conveyances are executed by the parties. Barron v. Lovett, 207 Ga. 131, 60 S.E.2d 458 (1950). Whether a division of the estate was entered into under the provisions as to distribution of estates in kind, or was made under the provisions as to the partition of estates by agreement of the parties, the division award, which was approved and made the decree of the court, was sufficient to transfer title out of the estate and the heirs to the persons to

whom particular portions of the estate were awarded. Bell v. Cone, 208 Ga. 467, 67 S.E.2d 558 (1951). Consent order, unless set aside, cannot be reopened to relitigate cotenants’ rights. - Consent order entered in a partitioning case, decreeing certain persons to be cotenants and appointing partitioners to partition the property in question, cannot be subsequently reopened to relitigate the rights of the parties as cotenants, unless the order is reversed or set aside. Johnson v. James, 246 Ga. 680, 272 S.E.2d 692 (1980).

RESEARCH REFERENCES Am. Jur. 2d. - 59A Am. Jur. 2d, Partition, § 115.

C.J.S. - 68 C.J.S., Partition, § 131.

Subpart 2 Statutory Partition

Notes of Decisions

Cited in 1 case, 2016–2016 · leading case: Tyrones v. Tyrones, 792 S.E.2d 398 (Ga. 2016).

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Tyrones v. Tyrones, 792 S.E.2d 398 (Ga. 2016). · cites it 2× “In his second enumeration of error, Appellant asserts that the trial court erred by “failing to inquire into the issue of title of the subject property pursuant to OCGA § 44-6-142.” Specifically, Appellant asserts that the partition process and sale “resulted in an unfair and…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.