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Call Now: 904-383-7448In any extraordinary case not covered by Code Sections 44-6-160 through 44-6-169, the court may frame its proceeding and order so as to meet the exigency of the case without forcing the parties into equity; and the court may deny a sale or partition altogether if it is manifest that the interest of each party will not be fully protected.
(Orig. Code 1863, § 3906; Code 1868, § 3930; Code 1873, § 4006; Code 1882, § 4006; Civil Code 1895, § 4796; Civil Code 1910, § 5368; Code 1933, § 85-1514.)
It is improper to force party into equity to obtain dissolution of copartnership in property before applying a writ of partition. Jackson v. Deese, 35 Ga. 84 (1866).
That applicant holds deed as security only is patent reason for denying applicant's petition, unless special reason can be shown for the applicant's not using the applicant's appropriate statutory remedy. Welch v. Agar, 84 Ga. 583, 11 S.E. 149, 20 Am. St. R. 380 (1890).
- Novelty of the procedure in partitioning a cashier's check payable to the plaintiff and the defendant jointly, and the probable existence of other remedies to determine the title or rights of the parties in the fund, would not defeat the remedy sought, which is given by this statute and others. English v. Poole, 31 Ga. App. 581, 121 S.E. 589 (1924) (see O.C.G.A. § 44-6-170).
- Changes in conditions occurring after an order of sale which facilitate partition by metes and bounds do not mandate such a division. McClain v. McClain, 241 Ga. 162, 243 S.E.2d 879 (1978).
- In a statutory partitioning of land, the trial court did not err in granting the partitioners authority to hire a timber cruise to assess the value of timber. Hart v. Hart, 245 Ga. App. 734, 538 S.E.2d 814 (2000).
- Trial court erred by ordering the equitable partition sale of 3.503 acres of real property because the co-owner failed to show that the remedy at law of a statutory partition, pursuant to O.C.G.A. § 44-6-160 et seq., was insufficient or that peculiar circumstances rendered the equitable proceeding more suitable and just; and, in a statutory partition, a court may order the sale of property that cannot be fairly divided by metes and bounds. Pack v. Mahan, 294 Ga. 496, 755 S.E.2d 126 (2014).
Cited in Tucker v. Parks, 70 Ga. 414 (1883); Brown v. Mooney, 108 Ga. 331, 33 S.E. 942 (1899); Smith v. Smith, 133 Ga. 170, 65 S.E. 414 (1909); Leggitt v. Allen, 85 Ga. App. 280, 69 S.E.2d 106 (1952); White v. Howell, 117 Ga. App. 778, 161 S.E.2d 892 (1968); Sanders v. Darnell, 238 Ga. 362, 233 S.E.2d 180 (1977).
- 59A Am. Jur. 2d, Partition, §§ 64, 65.
- 68 C.J.S., Partition, § 24.
- Right of judgment creditor of cotenant to maintain partition, 25 A.L.R. 105.
Probate of will as condition precedent to suit for partition by devises, 141 A.L.R. 1311.
Power of guardian to agree to, or of court to approve, voluntary partition between infant or incompetent and cotenant, 157 A.L.R. 755.
Total Results: 3
Court: Supreme Court of Georgia | Date Filed: 2016-10-17
Citation: 300 Ga. 367, 792 S.E.2d 398, 2016 Ga. LEXIS 654
Snippet: 496, 500 (755 SE2d 126) (2014). See also OCGA § 44-6-170. As the parties recognize, however, this Court
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: each party will not be fully protected.” OCGA § 44-6-170. See also Jacobs, 291 Ga. at 779, n
Court: Supreme Court of Georgia | Date Filed: 2012-10-01
Citation: 291 Ga. 778, 732 S.E.2d 69
Snippet: did so pursuant to its authority under OCGA § 44-6-170, which authorizes a trial court in an extraordinary