O.C.G.A. § 44-6-168 (2019)
Commissioners’ return; distribution of proceeds; liability of commissioners for moneys received; contempt
After the sale of any lands and tenements provided for in Code Section 44-6-167, the commissioners conducting the sale shall return their proceeds to the same term of the court ordering such sale if such term is still being held, and, if not, to the next term thereof, at which term the court shall order the proceeds of the sale to be divided among the several claimants in proportion to their respective interests after deducting the expenses of the proceedings. The commissioners shall be liable to rule by the superior court as sheriffs are liable for all moneys which they have or may receive for the lands sold by them and which they are required by law to return to the court for distribution; and, in case they shall fail to pay the money into court in obedience to a rule against them, they shall be immediately attached as for a contempt and imprisoned without bail until such payment is made. (Laws 1837, Cobb’s 1851 Digest, p. 584; Code 1863, § 3904; Code 1868, § 3928; Code 1873, § 4004; Code 1882, § 4004; Ga. L. 1884-85, p. 54, § 1; Civil Code 1895, § 4794; Civil Code 1910, § 5366; Code 1933, § 85-1512.)
Annotations
JUDICIAL DECISIONS Allowance for attorney’s fees may be made in equitable proceeding. - In a proceeding at law to partition land, the applicants are not entitled to have fees awarded to
their counsel from the common fund, thus requiring their cotenants to contribute to the payment of the fees, but in an equitable proceeding for partitionment and for other
relief, an allowance for attorney’s fees may be made by the court from the common fund. Cashin v. Markwalter, 208 Ga. 444, 67 S.E.2d 226 (1951). No attorney’s fees if proceeding instituted for sole benefit of plaintiff. - While the judge of the superior court in an equitable partition proceeding may, in the exercise of sound discretion, and if the circumstances justify it (as when the proceeding is prosecuted for the common benefit of all of the tenants in common), allow compensation for the plaintiff ’s counsel as a charge against
the fund arising from the sale of the land partitioned, nevertheless, when the proceeding is instituted and prosecuted for the sole benefit of the plaintiff, no such attorney fees should be allowed. Mills v. Williams, 208 Ga. 425, 67 S.E.2d 212 (1951). Cited in Lankford v. Milhollin, 197 Ga. 227, 28 S.E.2d 752 (1943); Leggitt v. Allen, 85 Ga. App. 280, 69 S.E.2d 106 (1952); Shaw v. Davis, 119 Ga. App. 801, 168 S.E.2d 853 (1969); Billings v. Billings, 242 Ga. 632, 250 S.E.2d 480 (1978); Silverboard v. Iteld, 248 Ga. 589, 285 S.E.2d 182 (1981).
RESEARCH REFERENCES Am. Jur. 2d. - 59A Am. Jur. 2d, Partition, §§ 118 et seq., 148, 149, 173. C.J.S. - 68 C.J.S., Partition, §§ 277 et seq., 293, 303.
ALR. - Allowance and apportionment of counsel fees in suit for partition, 73 ALR 16; 94 ALR2d 575.