O.C.G.A.

O.C.G.A. § 44-6-163 (2019)

Issuance of writ of partition; appointment of partitioners

✓ 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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When 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.)

Annotations

JUDICIAL DECISIONS Judge required to see that apparent interest in applicant exists. - 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).

RESEARCH REFERENCES Am. Jur. 2d. - 59A Am. Jur. 2d, Partition, § 90 et seq. C.J.S. - 68 C.J.S., Partition, §§ 101, 103. ALR. - Probate of will as condition precedent to suit for partition by devisees, 141 ALR 1311.

Partition: construction and application of provision for assignment, to one of co-owners, of real estate not readily divisible, 169 ALR 862.

Notes of Decisions

Cited in 2 cases, 1998–2016 · leading case: Hardy v. United States, 129 Fed. Cl. 513 (Fed. Cl. 2016).

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Hardy v. United States, 129 Fed. Cl. 513 (Fed. Cl. 2016). “Compare Ga. Code Ann. § 44-6-163 (indicating that adverse possession for twenty years pursuant to Ga.”

Clay v. Clay, 506 S.E.2d 866 (Ga. 1998). · cites it 4× “OCGA § 44-6-163. The first return of the partitioners was set aside by the court for failure to provide eight days’ notice of the time of executing the writ.”

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.