Interested party must be given "reasonable time" to file objections.

- One at interest must be given a "reasonable time" after the filing of the application for partition in which to file objections. Bodrey v. Bodrey, 122 Ga. App. 23, 176 S.E.2d 234 (1970).

Objections cannot be filed later than next court term.

- Objections to an application for a partition or to the return of the partitioners may not be filed later than the term next after the partitioners have made their return. Cates v. Duncan, 181 Ga. 686, 183 S.E. 797 (1936).

Objections need not be under oath. Webb v. Till, 134 Ga. 388, 67 S.E. 1034 (1910).

Want of affidavit no cause for rejection.

- When an amended answer would have set up a valid defense, a want of an affidavit would be no cause for rejecting the answer. Mize v. Bank of Whigham, 138 Ga. 499, 75 S.E. 629 (1912).

Defendant may deny applicant's title.

- When an alleged tenant in common denies that the applicant is a cotenant, it is error for the court to order partition without joining issue. Douglas v. Johnson, 130 Ga. 472, 60 S.E. 1041 (1908).

Defendant may show that another person, not named and served, has interest in property.

- Even though an applicant may correctly set forth the applicant's own interest in the property which the applicant seeks to have sold for the purpose of partition, and even though the applicant names as a defendant another person, and correctly sets forth the interest in the property belonging to the applicant, the defendant may appear for the purpose of showing that another and different person, not named as a defendant, and not served, has an interest in the property, and that therefore the applicant is proceeding illegally. Hill v. McCandless, 198 Ga. 737, 32 S.E.2d 774 (1945).

Defense may show that equitable division can be made without sale.

- Defendant may caveat the return of the partitioners, and introduce evidence to show that a fair and equitable division of the land can be made by metes and bounds without ordering a sale. McCann v. Brown, 43 Ga. 386 (1871).

Objections on grounds previously adjudicated not authorized.

- This statute must be construed in harmony with the rule as to the conclusiveness of judgments, and will not authorize parties to file objections to the return of the partitioners on grounds which were adjudicated upon the hearing of the application for their appointment. Cates v. Duncan, 181 Ga. 686, 183 S.E. 797 (1936) (see O.C.G.A. § 44-6-165).

Judge may pass upon application without jury when sufficient matter in bar not set up. Brown v. Mooney, 108 Ga. 331, 33 S.E. 942 (1899).

Time for trial discretionary.

- If the defendant has time, in the judgment of the court, to prepare and file defendant's objections, the trial should be at the term in which application is made; otherwise it should be tried at the next term thereafter. Lochrane v. Equitable Loan & Sec. Co., 122 Ga. 433, 50 S.E. 372 (1905).

When no objections were raised to hearing at time, judgment will not be reversed. Cock v. Callaway, 141 Ga. 774, 82 S.E. 286 (1914).

Evidence showing nondelivery of deeds admissible without special pleading.

- Upon the trial of an issue as to title, evidence tending to show nondelivery of certain deeds is admissible without special pleading. Lowry v. Lowry, 150 Ga. 324, 103 S.E. 813 (1920).

Cited in Rodgers v. Price, 105 Ga. 67, 31 S.E. 126 (1898); Brown v. Tomberlin, 137 Ga. 596, 73 S.E. 947 (1912); Culver v. Pierce, 148 Ga. 300, 96 S.E. 497 (1918); Cates v. Duncan, 180 Ga. 289, 179 S.E. 121 (1935); Wren v. Wren, 199 Ga. 851, 36 S.E.2d 77 (1945); Armstrong v. Merts, 76 Ga. App. 465, 46 S.E.2d 529 (1948); Leggitt v. Allen, 85 Ga. App. 280, 69 S.E.2d 106 (1952); Goodman v. Georgia R.R. Bank & Trust Co., 221 Ga. 396, 144 S.E.2d 764 (1965); Shaw v. Davis, 119 Ga. App. 801, 168 S.E.2d 853 (1969); Lowe v. Lowe, 123 Ga. App. 525, 181 S.E.2d 715 (1971); Williams v. Williams, 159 Ga. App. 351, 283 S.E.2d 344 (1981); Clay v. Clay, 269 Ga. 902, 506 S.E.2d 866 (1998); Cheeves v. Lacksen, 273 Ga. 549, 544 S.E.2d 425 (2001).

Am. Jur. 2d.

- 59A Am. Jur. 2d, Partition, §§ 57 et seq., 114.

C.J.S.

- 68 C.J.S., Partition, § 259.