O.C.G.A.

O.C.G.A. § 9-13-160 (2019)

Time of conducting public sale

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) For the purposes of this Code section, the term ‘‘public sale’’ means any sale, the notice of which must by law in any manner be given to the public. (b) All public sales conducted within this state shall be between the hours of 10:00 A.M. and 4:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, on the date fixed for the sale.

History

(Ga. L. 1963, p. 366, § 1; Ga. L. 1979, p. 833, § 1.)

Annotations

Law reviews. - For article surveying recent legislative and judicial develop-

ments in Georgia’s real property laws, see 31 Mercer L. Rev. 187 (1979).

JUDICIAL DECISIONS Failure to comply not reversible error. - Trial court properly denied first tenant in common’s protest on the ground that public sale of the first tenant in common and second tenant in common’s sign, ordered by the trial court, took place one hour before the time allowed for in the statute as the commissioners conducted the sale at the time provided for in the trial court’s order that was produced, proffered, and procured by the first tenant in common and the first tenant in common could not complain about a ruling which the first tenant in common caused. Caudell v. Toccoa Inn, Inc., 261 Ga. App. 209, 582 S.E.2d 180 (2003). Sale at courthouse. - Trial court did not err in denying first tenant in com-

mon’s protest of public sale of sign owned by the first tenant in common and the second tenant in common as the statutory requirement was fulfilled when the sale took place at the county building where the courts were located even though the building was referred to as the ‘‘County Government Building,’’ since that building was the only place where the superior court convened; the statute did not require the sale take place at a building which carried the name ‘‘courthouse.’’ Caudell v. Toccoa Inn, Inc., 261 Ga. App. 209, 582 S.E.2d 180 (2003). Cited in Oglethorpe Co. v. United States, 558 F.2d 590 (Ct. Cl. 1977); Butler v. Forsyth County Bank, 153 Ga. App. 122, 264 S.E.2d 502 (1980).

RESEARCH REFERENCES Am. Jur. 2d. - 47 Am. Jur. 2d, Judicial Sales, § 39.

C.J.S. - 50A C.J.S. Judicial Sales, § 14 et seq.

Notes of Decisions

Cited in 4 cases, 1989–2016 · leading case: Se. Timberlands, Inc. v. Sec. Nat'l Bank, 469 S.E.2d 454 (Ga. Ct. App. 1996).

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Se. Timberlands, Inc. v. Sec. Nat'l Bank, 469 S.E.2d 454 (Ga. Ct. App. 1996). · cites it 2× “44, 46 (3), (4) ( 190 SE 564 ) (1937), or the bank’s compliance with the procedures for judicial sales, see OCGA § 9-13-160 et seq.; it only asserts that improper information contained in the required advertisement made the sale defective.”

Park Solutions, LLC v. Dekalb Cnty. Bd. of Tax Assessors, 783 S.E.2d 453 (Ga. Ct. App. 2016). · cites it 4× “2014) defines the word “auction” as being “[a] public sale of property to the highest bidder,” and it defines the term “public sale” as meaning “[a] sale made after public notice, as in an auction or sheriff’s sale.” Consistent with this dictionary definition, another statute in…”

Sanders v. Amsouth Mortg. Co. (In Re Sanders), 108 B.R. 847 (Bankr. S.D. Ga. 1989). · cites it 2× “Section 9-13-160 et al. and reference to the terms of the power of sale in the security deed.”

Caudell v. Toccoa Inn, Inc., 582 S.E.2d 180 (Ga. Ct. App. 2003). · cites it 4× “contravenes OCGA § 9-13-160 (b), which provides for public sales to be held between the hours of 10:00 a.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.