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O.C.G.A. § 44-6-169 — Title to property sold; execution of deed of conveyance by commissioners | Georgia Code

O.C.G.A. § 44-6-169 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

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.

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This Georgia Code resource is curated by Graham Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.