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Call Now: 904-383-7448If no objection to the return of the partitioners is filed by any of the parties or if, being filed, the jury on the trial finds a verdict against the party setting up such objections, the return of the partitioners shall be made the judgment of the court and shall be final and conclusive as to all the parties concerned who were notified of the application for partition and of the time of executing the writ as required by Code Sections 44-6-162 and 44-6-164, and a writ of possession shall issue accordingly. If objections to the return are filed and are sustained by the jury trying the case or if it appears to the court that there is injustice or inequality in the division made by the partitioners, the court shall award a new partition to be made in the presence of the parties concerned if they will appear, which second partition, when returned, shall be firm, good, and conclusive forever against all parties notified as provided in Code Sections 44-6-162 and 44-6-164.
(Laws 1767, Cobb's 1851 Digest, pp. 582, 583; Code 1863, § 3902; Code 1868, § 3926; Code 1873, § 4002; Code 1882, § 4002; Civil Code 1895, § 4792; Civil Code 1910, § 5364; Code 1933, § 85-1510; Ga. L. 1982, p. 3, § 44.)
Statute is applicable only to a partition by metes and bounds. Childs v. Hayman, 72 Ga. 791 (1884) (see O.C.G.A. § 44-6-166).
- When a return of the partitioners is set aside by the verdict of a jury on objections filed thereto, and a new partition is awarded by order of the court, either party has the right to except to the second return before it is made the judgment of the court, and to have that party's objection passed upon by a jury. Lancaster v. Morgan, 54 Ga. 76 (1875). See also McCann v. Brown, 43 Ga. 386 (1871).
- Trial court did not err in approving the recommendation of the practitioners about partition of the tracts of land at issue and making that recommendation its judgment as the aggrieved siblings did not show that the recommendation was unjust and unequal. Williams v. Conerly, 276 Ga. 651, 582 S.E.2d 1 (2003).
- If the partitioning is statutory, the judgment of the court is final and conclusive as to all parties who were notified of the application for partition. Barron v. Lovett, 207 Ga. 131, 60 S.E.2d 458 (1950).
Cited in Leggitt v. Allen, 85 Ga. App. 280, 69 S.E.2d 106 (1952).
- 68 C.J.S., Partition, § 259.
- Adjustment on partition of improvements made by tenant in common, 122 A.L.R. 234.
Judgment in partition as res judicata, 144 A.L.R. 9
Total Results: 12
Court: Supreme Court of Georgia | Date Filed: 2014-02-24
Citation: 294 Ga. 496, 755 S.E.2d 126, 2014 Fulton County D. Rep. 272, 2014 WL 695173, 2014 Ga. LEXIS 112
Snippet: share before a public sale is ordered. OCGA § 44-6-166.1. Alternatively, land may become subject to public
Court: Supreme Court of Georgia | Date Filed: 2012-10-01
Citation: 291 Ga. 778, 732 S.E.2d 69
Snippet: in the underlying partition action. See OCGA §§ 44-6-166.1; 44-6-167. For the reasons that follow, we find
Court: Supreme Court of Georgia | Date Filed: 2010-05-17
Citation: 695 S.E.2d 234, 287 Ga. 201, 2010 Fulton County D. Rep. 1615, 2010 Ga. LEXIS 394
Snippet: statutory partitioning procedures set out in OCGA § 44-6-166.1, and that the court erred in applying equitable
Court: Supreme Court of Georgia | Date Filed: 2006-04-25
Citation: 629 S.E.2d 244, 280 Ga. 556, 2006 Fulton County D. Rep. 1331, 2006 Ga. LEXIS 238
Snippet: Ga. 902(1), 506 S.E.2d 866 (1998)), and OCGA § 44-6-166.1(b) specifically provides for a sale of the property
Court: Supreme Court of Georgia | Date Filed: 2004-09-27
Citation: 278 Ga. 515, 603 S.E.2d 255, 2004 Fulton County D. Rep. 3124, 2004 Ga. LEXIS 808
Snippet: (1982); Anderson, supra at 515 (3). 2. As OCGA § 44-6-166.1 is “a statutory remedy which is part of a partitioning
Court: Supreme Court of Georgia | Date Filed: 2004-02-16
Citation: 277 Ga. 632, 592 S.E.2d 836, 2004 Fulton County D. Rep. 1013, 2004 Ga. LEXIS 132
Snippet: division is equitable under the provisions of OCGA § 44-6-166.1. The trial court granted a writ of partition
Court: Supreme Court of Georgia | Date Filed: 2003-06-02
Citation: 276 Ga. 651, 582 S.E.2d 1, 2003 Fulton County D. Rep. 1688, 2003 Ga. LEXIS 546
Snippet: International Dictionary 1731 (1961). OCGA § 44-6-166. See Pindar, Georgia Real Estate Law & Procedure
Court: Supreme Court of Georgia | Date Filed: 2001-03-19
Citation: 273 Ga. 549, 544 S.E.2d 425
Snippet: appraisals and report their findings. See OCGA § 44-6-166.1. This appeal followed. In 1993, Robert Trawick
Court: Supreme Court of Georgia | Date Filed: 2000-01-18
Citation: 525 S.E.2d 94, 272 Ga. 52, 2000 Fulton County D. Rep. 261, 2000 Ga. LEXIS 15
Snippet: judgment in a case in which, pursuant to OCGA §§ 44-6-166.1 and 44-6-167 and the petitions of the parties
Court: Supreme Court of Georgia | Date Filed: 1999-10-18
Citation: 271 Ga. 568, 522 S.E.2d 455, 99 Fulton County D. Rep. 3790, 1999 Ga. LEXIS 791
Snippet: Although not sought in this action, OCGA § 44-6-166.1 provides an additional statutory partitioning
Court: Supreme Court of Georgia | Date Filed: 1988-09-28
Citation: 371 S.E.2d 864, 258 Ga. 539, 1988 Ga. LEXIS 387
Snippet: and Stone appealed. Stone contends that OCGA § 44-6-166.1 provides that a co-owner of land can buy out
Court: Supreme Court of Georgia | Date Filed: 1988-09-14
Citation: 258 Ga. 500, 371 S.E.2d 650, 1988 Ga. LEXIS 371
Snippet: appellant filed for partitioning under OCGA § 44-6-166.1. In November 1985 the trial court entered an