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Call Now: 904-383-7448When the application for partition is made and when due proof is made that the notice required by Code Section 44-6-162 has been given, the court shall examine the petitioner's title and share of the premises to be partitioned and shall thereupon pass an order directing the clerk of the superior court to issue a writ of partition which shall be framed according to the nature of the case and directed to five freeholders of the county in which the lands are located who shall serve as partitioners; and the court shall execute and return the writ as provided in Code Section 44-6-164.
(Laws 1767, Cobb's 1851 Digest, p. 582; Laws 1827, Cobb's 1851 Digest, p. 583; Code 1863, § 3899; Code 1868, § 3923; Code 1873, § 3999; Code 1882, § 3999; Civil Code 1895, § 4789; Civil Code 1910, § 5361; Code 1933, § 85-1507.)
- Statute does not require that the judge shall have a trial of the application at once upon its presentation, but that the judge should personally see that some apparent interest in the applicant exists. Cock v. Callaway, 141 Ga. 774, 82 S.E. 286 (1914) (see O.C.G.A. § 44-6-163).
Writ of error will not lie to interlocutory judgment provided for in this statute; the rule is the opposite if it is the judgment of confirmation that is questioned. Berryman v. Haden, 112 Ga. 752, 38 S.E. 53 (1901); Lochrane v. Equitable Loan & Sec. Co., 122 Ga. 433, 50 S.E. 372 (1905) (see O.C.G.A. § 44-6-163).
Cited in Gamble v. Brooks, 170 Ga. 662, 153 S.E. 759 (1930); Cates v. Duncan, 178 Ga. 748, 174 S.E. 380 (1934); Wood v. W.P. Brown & Sons Lumber Co., 199 Ga. 167, 33 S.E.2d 435 (1945); Leggitt v. Allen, 85 Ga. App. 280, 69 S.E.2d 106 (1952); Clay v. Clay, 269 Ga. 902, 506 S.E.2d 866 (1998).
- 59A Am. Jur. 2d, Partition, § 90 et seq.
- 68 C.J.S., Partition, §§ 101, 103.
- Probate of will as condition precedent to suit for partition by devisees, 141 A.L.R. 1311.
Partition: construction and application of provision for assignment, to one of co-owners, of real estate not readily divisible, 169 A.L.R. 862.
Total Results: 1
Court: Supreme Court of Georgia | Date Filed: 1998-10-05
Citation: 269 Ga. 902, 506 S.E.2d 866
Snippet: 44-6-162, and the court issued the writ. OCGA § 44-6-163. The first return of the partitioners was set