O.C.G.A. § 44-6-166 (2019)
Return of partitioners as judgment of court; conclusiveness; when second partition ordered; effect
If 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.
History
(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.)
Annotations
JUDICIAL DECISIONS
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).
Party entitled to except to second return. - 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).
Just and equal recommendation accepted by court. - 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).
Judgment final and conclusive. - 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).
RESEARCH REFERENCES
C.J.S. - 68 C.J.S., Partition, § 259.
ALR. - 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