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2018 Georgia Code 44-6-169 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 44-6-169 Case Law from Google Scholar Amendments to OCGA 44-6-169

TITLE 44 PROPERTY

Section 6. Estates, 44-6-1 through 44-6-206.

ARTICLE 7 TENANCY IN COMMON

44-6-169. Title to property sold; execution of deed of conveyance by commissioners.

Upon the sale of lands and tenements as provided for in Code Section 44-6-167, the parties in interest shall execute a title to the purchaser; and, if any of them shall fail or refuse to do so, the commissioners or any two of them shall execute a deed of conveyance to such lands and tenements to the purchaser at such sale, which deed shall be as valid and binding as if made by the parties themselves.

(Laws 1837, Cobb's 1851 Digest, p. 584; Code 1863, § 3905; Code 1868, § 3929; Code 1873, § 4005; Code 1882, § 4005; Civil Code 1895, § 4795; Civil Code 1910, § 5367; Code 1933, § 85-1513.)

JUDICIAL DECISIONS

Rights of cotenants protected by right to object to sale's confirmation.

- If for any reason property sold under this statute does not bring the property's fair market value, the rights of the cotenants are protected by the right to object to the confirmation of the sale. If the sale is unfair or inequitable to the parties, the court will refuse to confirm the sale and will order a resale. Lankford v. Milhollin, 200 Ga. 512, 37 S.E.2d 197 (1946) (see O.C.G.A. § 44-6-169).

Cited in Childs v. Hayman, 72 Ga. 791 (1884); Leggitt v. Allen, 85 Ga. App. 280, 69 S.E.2d 106 (1952).

RESEARCH REFERENCES

Am. Jur. 2d.

- 59A Am. Jur. 2d, Partition, § 130.

C.J.S.

- 68 C.J.S., Partition, §§ 14, 276.

Cases Citing O.C.G.A. § 44-6-169

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Jacobs v. Young, 291 Ga. 778 (Ga. 2012).

Cited 1 times | Published | Supreme Court of Georgia | Oct 1, 2012 | 732 S.E.2d 69

...by Young or anyone on her behalf, the trial court struck Young’s pleadings, entered judgment in favor of the petitioners, and appointed three commissioners to conduct the sale of the property consistent with the requirements of OCGA §§ 44-6-167-44-6-169, which set forth the procedure to be used when land sought to be partitioned is not sold pursuant to OCGA § 44-6-166.1....
...As no allegations of error are raised in Brown’s cross-appeal, it presents nothing for our review. Judgment affirmed. All the Justices concur. The trial court did so pursuant to its authority under OCGA § 44-6-170, which authorizes a trial court in an extraordinary case not covered by Code sections 44-6-160-44-6-169 to frame its proceeding and order so as to meet the exigency of the case without forcing the parties into equity. A party in interest is defined as “any person, other than a petitioner, having an interest in property.” OCGA § 44-6-166...